Notification of Regulatory Review, 45750-45753 [2017-21101]

Download as PDF 45750 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Proposed Rules result in the airport no longer qualifying for controlled airspace. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 1. The authority citation for 14 CFR part 71 continues to read as follows: sradovich on DSK3GMQ082PROD with PROPOSALS ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. VerDate Sep<11>2014 16:16 Sep 29, 2017 Jkt 244001 * AGL WI E5 * * Pulaski, WI [Removed] Issued in Fort Worth, Texas, on September 25, 2017. Wayne Eckenrode, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2017–20959 Filed 9–29–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation 14 CFR Chapters I, II, and III 23 CFR Chapters I, II, and III 46 CFR Chapter II 48 CFR Chapter 12 49 CFR Chapters I, II, III, V, VI, VII, VIII, X, and XI [Docket No. DOT–OST–2017–0069] The U.S. Department of Transportation (Department or DOT) is reviewing its existing regulations and other agency actions to evaluate their continued necessity, determine whether they are crafted effectively to solve current problems, and evaluate whether they potentially burden the development or use of domestically produced energy resources. As part of these reviews, the Department invites the public to provide input on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification. The Department may also hold a public meeting to discuss and consider comments from members of the public. DATES: Comments should be received on or before November 1, 2017. Late-filed comments will be considered to the extent practicable. ADDRESSES: You may file comments identified by the docket number DOT– OST–2017–0069 by any of the following methods: SUMMARY: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS [Amended] * Office of the Secretary of Transportation (OST); U.S. Department of Transportation (DOT). ACTION: Regulatory review. The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting * AGENCY: List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. Notification of Regulatory Review Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. § 71.1 Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: The Docket Management Facility is located on the West Building, Ground Floor, of the U.S. Department of Transportation, 1200 New Jersey Ave. SE., Room W12– 140, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: You must include the agency name and the Docket Number DOT–OST–2017–0069 at the beginning of your comment. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL– 14 FDMS, accessible through www.dot.gov/privacy. In order to facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the docket. FOR FURTHER INFORMATION CONTACT: Jonathan Moss, Assistant General Counsel for Regulation, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202–366– 4723 (phone), jonathan.moss@dot.gov (email) or Barbara McCann, Director, Office of Policy Development, Strategic Planning and Performance, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202–366–8016 (phone), barbara.mccann@dot.gov. SUPPLEMENTARY INFORMATION: DOT Responsibilities for Regulations and Transportation Infrastructure The Department carries out its responsibilities through the Office of the E:\FR\FM\02OCP1.SGM 02OCP1 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS Secretary (OST) and the following operating administrations (OAs): Federal Aviation Administration (FAA); Federal Highway Administration (FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal Railroad Administration (FRA); Federal Transit Administration (FTA); Maritime Administration (MARAD); National Highway Traffic Safety Administration (NHTSA); Pipeline and Hazardous Materials Safety Administration; (PHMSA); and St. Lawrence Seaway Development Corporation (SLSDC). DOT has statutory responsibility for a wide range of regulations. For example, DOT regulates safety in the aviation, motor carrier, railroad, motor vehicle, commercial space, transit, and pipeline transportation areas. The Department also regulates aviation consumer and economic issues, and provides financial assistance and writes the necessary implementing rules for programs involving highways, airports, mass transit, the maritime industry, railroads, and motor transportation and vehicle safety. Finally, DOT has responsibility for developing policies that implement a wide range of regulations that govern programs such as acquisition and grants management, access for people with disabilities, environmental protection, energy conservation, information technology, occupational safety and health, property asset management, seismic safety, security, and the use of aircraft and vehicles. 1979 Regulatory Policies and Procedures (44 FR 11034, Feb. 26, 1979), Executive Order (E.O.) 12866, E.O. 13563, and section 610 of the Regulatory Flexibility Act. The Department follows a repeating 10-year plan for the review of existing regulations, which is set forth in the Department’s semi-annual Regulatory Agenda published in the Federal Register (see Appendix D to ‘‘Department Regulatory Agenda; Semiannual Summary’’ most recently issued on July 20, 2017). The reviews conducted under this plan comply with section 610 of the Regulatory Flexibility Act. OST and OAs other than the Saint Lawrence Seaway Development Corporation (SLSDC) have also elected to use this repeating 10-year plan to comply with the review requirements of the Department’s Regulatory Policies and Procedures and E.O. 12866. SLSDC does not follow this practice because the agency is responsible for only a small number of regulations that were reviewed in 2009. Generally, the OAs have divided their rules into 10 different groups and analyze one group each year, then start over again. The Department regularly invites public participation in those reviews and seeks general suggestions on rules that it should revise or revoke. In the fall Regulatory Agenda, the Department publishes information on the results of the examinations completed during the previous year. Review of Regulations and Other Agency Actions Improvement of regulations is a continuous focus for the Department. There should be no more regulations than necessary, and those regulations should be straightforward, clear, and designed to minimize burdens. Further, DOT regulations and other agency actions should not unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources. Once issued, regulations and other agency actions should be reviewed periodically and revised to ensure that they continue to meet the needs for which they originally were designed, remain cost-effective and cost-justified. Further, regulations and other agency actions should promote clean and safe development of our Nation’s vast energy resources, while avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. Accordingly, DOT regularly makes a conscientious effort to review its rules in accordance with the Department’s Public Participation and Request for Comments Through three new E.O.s, President Trump directed agencies to further scrutinize their regulations and other agency actions. On January 30, 2017, President Trump signed E.O. 13771, Reducing Regulation and Controlling Regulatory Costs. Under Section 2(a) of the E.O., unless prohibited by law, whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it must identify at least two existing regulations to be repealed. On February 24, 2017, President Trump signed E.O. 13777, Enforcing the Regulatory Reform Agenda. Under this Executive Order, each agency must establish a Regulatory Reform Task Force (RRTF) to evaluate existing regulations, and make recommendations for their repeal, replacement, or modification. As part of this process, the Department is directed to seek input/ assistance from entities significantly affected by its regulations. On March 28, 2017, President Trump signed E.O. 13783, Promoting Energy Independence and Economic Growth. VerDate Sep<11>2014 16:16 Sep 29, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 45751 Section 2 of E.O. 13783 requires agencies to review all existing regulations, orders, guidance documents, policies, and 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. This review will result in a final report that describes the result of the required review and includes specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production. E.O. 13783 also requires that, for any specific recommendations made in the final report, the agency suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding those actions, as appropriate and consistent with law. To respond to the President’s direction in E.O. 13771, E.O. 13777, and E.O. 13783, as well as other legal authorities, the Department seeks written input from the public on existing regulations and other agency actions that are good candidates for repeal, replacement, or modification. In addition to accepting written comments, the Department may hold a public meeting. In recognition of the fact that safety is the Department’s highest priority, the Department seeks comments on those existing regulations and other agency actions that may be repealed, replaced, or modified without compromising safety. The public is encouraged to identify regulations that (a) eliminate jobs or inhibit job creation; (b) are outdated, unnecessary, or ineffective; (c) impose costs that exceed benefits; (d) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (e) could be revised to use performance standards in lieu of design standards, or (f) potentially burden the development or use of domestically produced energy resources. The Department welcomes public comment on any and all of its regulations and other agency actions, although rules that impose significant costs on the public may provide greater opportunity for identifying and alleviating unnecessary burdens. For convenience, a list of economically significant rulemakings issued over the past several years is included in Appendix A. When identifying regulations and other agency actions appropriate for suspension, repeal, replacement, or modification, the public is encouraged to consider whether there is an opportunity to: (1) Simplify or clarify language in a regulation; (2) eliminate E:\FR\FM\02OCP1.SGM 02OCP1 45752 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS overlapping and duplicative regulations, including those that require repetitive filings for conducting business with the Department; (3) eliminate conflicts and inconsistencies in the Department’s regulations and those of its agencies; (4) eliminate conflicts and inconsistencies with the rules of other Federal agencies or state, local, or tribal governments, (5) determine if matters in an existing regulation could be better handled fully by the states without Federal regulations; (6) revise regulations in which technology, economic conditions or other factors have changed in the area affected by the regulation; (7) reconsider regulations that were based on scientific or other information that has been discredited or superseded; (8) reconsider the burdens imposed on those directly or indirectly affected by the regulation and, specifically, those that are costly when compared to the benefit provided; (9) reconsider burdens imposed on small entities; (10) foster innovation by revising regulations to include performance standards for regulatory compliance; and (11) reduce burdens by incorporating international or industry consensus standards into regulations. quantifiable data describing burdens are more useful than anecdotal descriptions. 3. Description of less burdensome alternatives. If the commenter believes that the objective that motivated the policy statement, guidance document, regulation, or other agency action may be achieved using a less burdensome alternative, the commenter should describe that alternative in detail. Likewise, if the commenter believes that there is not a less burdensome alternative or there is not a legitimate objective motivating the requirement, then that should be explained in the comment. 4. Examples of affected entities or projects. Examples of entities that are, have been, or will be negatively affected by the identified policy statement, guidance document, regulation, or other agency action and examples of entities that will benefit it the requirement is removed or revised. A comment listing specific entities is more useful because it will assist the Department in investigating the burden and how it may be most effectively addressed. Content of Comments The Department will review all comments submitted timely to the docket associated with this regulatory review, DOT–OST–2017–0069. To maximize the usefulness of comments, the Department encourages commenters to provide the following information: 1. Specific reference. A specific reference to the policy statement, guidance document, regulation, or other agency action that imposes the burden that the comment discusses. This should be a citation to the Code of Federal Regulations, a guidance document number, or an Internet link. A specific reference will assist the Department in identifying the requirement, the original source of the requirement, and relevant documentation that may describe the history and effects of the requirement. 2. Description of burden. A description of the burden that the identified policy statement, guidance document, regulation, or other agency action imposes. A comment that describes how the policy statement, guidance document, regulation, or other agency action is burdensome is more useful than a comment that merely asserts that it is burdensome. Comments that reflect experience with the requirement and provide data describing that experience are more credible than comments that are not tied to direct experience. Verifiable, The Department is interested in comments on any DOT regulation or other agency action that imposes unjustifiable burdens on regulated entities or on the use or production of domestic energy resources. VerDate Sep<11>2014 16:16 Sep 29, 2017 Jkt 244001 Scope of Comments Issued on: September 26, 2017. James C. Owens, Acting General Counsel. Appendix A—DOT Economically Significant Rulemakings 1. The FRA’s final rule on Electronically Controlled Pneumatic Brake Systems (RIN: 2130–AC03) (published on October 16, 2008, at 73 FR 61511) (annualized costs of $138 million); 2. The PHMSA’s final rule on Pipeline Safety: Standards for Increasing the Maximum Allowable Operating Pressure for Gas Transmission Pipelines (RIN: 2137– AE25) (published on October 17, 2008, at 73 FR 62147) (annualized costs of $95 million); 3. The NHTSA’s final rule on Average Fuel Economy Standards Passenger Cars and Light Trucks Model Year 2011 (RIN: 2127–AK29) (published on March 30, 2009, at 74 FR 14195) (annualized costs of $1.46 billion); 4. The NHTSA’s final rule on the Federal Motor Vehicle Safety Standards; Roof Crush Resistance; Phase-In Reporting Requirements (RIN: 2127–AG51) (published on May 12, 2009, at 74 FR 22347) (annualized costs of $0.8–1.3 billion); 5. The PHMSA’s final rule on Pipeline Safety: Integrity Management Program for Gas Distribution Pipelines (RIN: 2137–AE15) (published on December 4, 2009, at 74 FR 63905) (annualized costs of $95 million); PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 6. The NHTSA’s final rule on Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards (RIN: 2127–AK50) (published on May 7, 2010, at 75 FR 25323) (annualized costs of approximately $10 billion); 7. The FAA’s final rule on Automatic Dependent Surveillance—Broadcast Equipage Mandate to Support Air Traffic Control Service (RIN: 2120–AI92) (published May 28, 2010, at 75 FR 30159) (annualized costs of $216 million); 8. The FHWA’s final rule on Real-Time System Management Information Program (RIN: 2125–AF19) (published on November 9, 2010, at 75 FR 68418) (annualized costs of $135 million); 9. The NHTSA’s final rule on Federal Motor Vehicle Safety Standards, Ejection Mitigation; Phase-In Reporting Requirements; Incorporation by Reference (RIN: 2127– AK23) (published on January 19, 2011, at 76 FR 3211) (annualized costs of $2.3 billion); 10. The FRA’s final rule on Positive Train Control Systems (RRR) (RIN: 2130–AC27) (published on May 14, 2012, at 77 FR 28285) (annualized costs of $2 million); 11. The NHTSA’s final rule on 2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards (RIN: 2127–AK79) (published on October 15, 2012, at 77 FR 62623) (annualized costs of $2.2–3.6 billion); 12. The FTA’s final rule on Major Capital Investment Projects—New/Small Starts (RIN: 2132–AB02) (published on January 9, 2013, at 78 FR 1991) (annualized costs of $300,000); 13. The NHTSA’s final rule on Federal Motor Vehicle Safety Standards; Occupant Crash Protection (RIN: 2127–AK56) (published on November 25, 2013, at 78 FR 70415) (annualized costs of $6 million); 14. The FMCSA’s final rule on Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (DVIR) (RIN: 2126–AB46) (published on December 18, 2014, at 79 FR 75437) (annualized cost-savings of $1.7 billion); 15. The NHTSA’s final rule on Federal Motor Vehicle Safety Standards; Electronic Stability Control Systems for Heavy Vehicles (RIN: 2127–AK97) (published on June 23, 2015, at 80 FR 36049) (annualized costs of $46 million); 16. The PHMSA’s final rule on Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains (RIN: 2137–AE91) (published on July 7, 2015, at 80 FR 26643) (annualized costs of $234 million); 17. The FMCSA’s final rule on Electronic Logging Devices and Hours of Service Supporting Documents (RIN: 2126–AB20) (published on December 16, 2015, at 80 FR 78291) (annualized costs of $1.8 billion); 18. The NHTSA’s final rule on Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2 (RIN: 2127–AL52) (published on October 25, 2016, at 81 FR 73478) (annualized costs of $4 billion); 19. The FMCSA’s final rule on Commercial Driver’s License Drug and Alcohol Clearinghouse (RIN: 2126–AB18) (published E:\FR\FM\02OCP1.SGM 02OCP1 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Proposed Rules on December 5, 2016, at 81 FR 87686) (annualized costs of $154 million); and 20. The FMCSA’s final rule on Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators (RIN: 2126–AB66) (published on December 8, 2016, at 81 FR 88732) (annualized costs of $368 million). [FR Doc. 2017–21101 Filed 9–29–17; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket Nos. FDA–2012–N–1210 and FDA– 2004–N–0258] RIN 0910–ZA49 Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Proposed Extension of Compliance Dates AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule. The Food and Drug Administration (FDA or we) is proposing to extend the compliance dates by approximately 1.5 years for the final rules providing updated nutrition information on the label of food, including dietary supplements; defining a single-serving container; requiring dual-column labeling for certain containers; updating, modifying, and establishing certain reference amounts customarily consumed (RACCs); and amending the label serving size for breath mints. The final rules appeared in the Federal Register of May 27, 2016. We are taking this action because, after careful consideration, we have tentatively determined that additional time would help ensure that all manufacturers covered by the final rules have guidance from FDA to address, for example, certain technical questions we received after publication of the final rules, and that they are able to complete and print updated Nutrition Facts labels for their products before they are expected to be in compliance with the final rules. DATES: Submit either electronic or written comments on the proposed rule by November 1, 2017. sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:16 Sep 29, 2017 Jkt 244001 You may submit comments on the extension of the compliance period as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before November 1, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of November 1, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date. ADDRESSES: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket Nos. FDA– 2012–N–1210 and FDA–2004–N–0258 for ‘‘Food Labeling: Revision of the Nutrition and Supplement Facts Labels PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 45753 and Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Extension of Compliance Date.’’ Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/ blacked out, will be available for public viewing and posted on https:// www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Paula Trumbo, Center for Food Safety and Applied Nutrition (HFS–830), Food and Drug Administration, 5001 Campus E:\FR\FM\02OCP1.SGM 02OCP1

Agencies

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Proposed Rules]
[Pages 45750-45753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21101]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

14 CFR Chapters I, II, and III

23 CFR Chapters I, II, and III

46 CFR Chapter II

48 CFR Chapter 12

49 CFR Chapters I, II, III, V, VI, VII, VIII, X, and XI

[Docket No. DOT-OST-2017-0069]

Notification of Regulatory Review

AGENCY: Office of the Secretary of Transportation (OST); U.S.
Department of Transportation (DOT).

ACTION: Regulatory review.

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SUMMARY: The U.S. Department of Transportation (Department or DOT) is
reviewing its existing regulations and other agency actions to evaluate
their continued necessity, determine whether they are crafted
effectively to solve current problems, and evaluate whether they
potentially burden the development or use of domestically produced
energy resources. As part of these reviews, the Department invites the
public to provide input on existing rules and other agency actions that
are good candidates for repeal, replacement, suspension, or
modification. The Department may also hold a public meeting to discuss
and consider comments from members of the public.

DATES: Comments should be received on or before November 1, 2017. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2017-0069 by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC
20590-0001.
Hand Delivery or Courier: The Docket Management Facility
is located on the West Building, Ground Floor, of the U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Room W12-140, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name and the Docket
Number DOT-OST-2017-0069 at the beginning of your comment. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, to www.regulations.gov, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: Jonathan Moss, Assistant General
Counsel for Regulation, U.S. Department of Transportation, 1200 New
Jersey Ave. SE., Washington, DC 20590, 202-366-4723 (phone),
jonathan.moss@dot.gov (email) or Barbara McCann, Director, Office of
Policy Development, Strategic Planning and Performance, U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, 202-
366-8016 (phone), barbara.mccann@dot.gov.

SUPPLEMENTARY INFORMATION:

DOT Responsibilities for Regulations and Transportation Infrastructure

The Department carries out its responsibilities through the Office
of the

[[Page 45751]]

Secretary (OST) and the following operating administrations (OAs):
Federal Aviation Administration (FAA); Federal Highway Administration
(FHWA); Federal Motor Carrier Safety Administration (FMCSA); Federal
Railroad Administration (FRA); Federal Transit Administration (FTA);
Maritime Administration (MARAD); National Highway Traffic Safety
Administration (NHTSA); Pipeline and Hazardous Materials Safety
Administration; (PHMSA); and St. Lawrence Seaway Development
Corporation (SLSDC).
DOT has statutory responsibility for a wide range of regulations.
For example, DOT regulates safety in the aviation, motor carrier,
railroad, motor vehicle, commercial space, transit, and pipeline
transportation areas. The Department also regulates aviation consumer
and economic issues, and provides financial assistance and writes the
necessary implementing rules for programs involving highways, airports,
mass transit, the maritime industry, railroads, and motor
transportation and vehicle safety. Finally, DOT has responsibility for
developing policies that implement a wide range of regulations that
govern programs such as acquisition and grants management, access for
people with disabilities, environmental protection, energy
conservation, information technology, occupational safety and health,
property asset management, seismic safety, security, and the use of
aircraft and vehicles.

Review of Regulations and Other Agency Actions

Improvement of regulations is a continuous focus for the
Department. There should be no more regulations than necessary, and
those regulations should be straightforward, clear, and designed to
minimize burdens. Further, DOT regulations and other agency actions
should not unnecessarily obstruct, delay, curtail, or otherwise impose
significant costs on the siting, permitting, production, utilization,
transmission, or delivery of energy resources. Once issued, regulations
and other agency actions should be reviewed periodically and revised to
ensure that they continue to meet the needs for which they originally
were designed, remain cost-effective and cost-justified. Further,
regulations and other agency actions should promote clean and safe
development of our Nation's vast energy resources, while avoiding
regulatory burdens that unnecessarily encumber energy production,
constrain economic growth, and prevent job creation.
Accordingly, DOT regularly makes a conscientious effort to review
its rules in accordance with the Department's 1979 Regulatory Policies
and Procedures (44 FR 11034, Feb. 26, 1979), Executive Order (E.O.)
12866, E.O. 13563, and section 610 of the Regulatory Flexibility Act.
The Department follows a repeating 10-year plan for the review of
existing regulations, which is set forth in the Department's semi-
annual Regulatory Agenda published in the Federal Register (see
Appendix D to ``Department Regulatory Agenda; Semiannual Summary'' most
recently issued on July 20, 2017). The reviews conducted under this
plan comply with section 610 of the Regulatory Flexibility Act. OST and
OAs other than the Saint Lawrence Seaway Development Corporation
(SLSDC) have also elected to use this repeating 10-year plan to comply
with the review requirements of the Department's Regulatory Policies
and Procedures and E.O. 12866. SLSDC does not follow this practice
because the agency is responsible for only a small number of
regulations that were reviewed in 2009. Generally, the OAs have divided
their rules into 10 different groups and analyze one group each year,
then start over again. The Department regularly invites public
participation in those reviews and seeks general suggestions on rules
that it should revise or revoke. In the fall Regulatory Agenda, the
Department publishes information on the results of the examinations
completed during the previous year.

Public Participation and Request for Comments

Through three new E.O.s, President Trump directed agencies to
further scrutinize their regulations and other agency actions. On
January 30, 2017, President Trump signed E.O. 13771, Reducing
Regulation and Controlling Regulatory Costs. Under Section 2(a) of the
E.O., unless prohibited by law, whenever an executive department or
agency publicly proposes for notice and comment or otherwise
promulgates a new regulation, it must identify at least two existing
regulations to be repealed.
On February 24, 2017, President Trump signed E.O. 13777, Enforcing
the Regulatory Reform Agenda. Under this Executive Order, each agency
must establish a Regulatory Reform Task Force (RRTF) to evaluate
existing regulations, and make recommendations for their repeal,
replacement, or modification. As part of this process, the Department
is directed to seek input/assistance from entities significantly
affected by its regulations.
On March 28, 2017, President Trump signed E.O. 13783, Promoting
Energy Independence and Economic Growth. Section 2 of E.O. 13783
requires agencies to review all existing regulations, orders, guidance
documents, policies, and 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. This review will result in a final report
that describes the result of the required review and includes specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency actions that burden domestic energy
production. E.O. 13783 also requires that, for any specific
recommendations made in the final report, the agency suspend, revise,
or rescind, or publish for notice and comment proposed rules
suspending, revising, or rescinding those actions, as appropriate and
consistent with law.
To respond to the President's direction in E.O. 13771, E.O. 13777,
and E.O. 13783, as well as other legal authorities, the Department
seeks written input from the public on existing regulations and other
agency actions that are good candidates for repeal, replacement, or
modification. In addition to accepting written comments, the Department
may hold a public meeting. In recognition of the fact that safety is
the Department's highest priority, the Department seeks comments on
those existing regulations and other agency actions that may be
repealed, replaced, or modified without compromising safety. The public
is encouraged to identify regulations that (a) eliminate jobs or
inhibit job creation; (b) are outdated, unnecessary, or ineffective;
(c) impose costs that exceed benefits; (d) create a serious
inconsistency or otherwise interfere with regulatory reform initiatives
and policies; (e) could be revised to use performance standards in lieu
of design standards, or (f) potentially burden the development or use
of domestically produced energy resources. The Department welcomes
public comment on any and all of its regulations and other agency
actions, although rules that impose significant costs on the public may
provide greater opportunity for identifying and alleviating unnecessary
burdens. For convenience, a list of economically significant
rulemakings issued over the past several years is included in Appendix
A.
When identifying regulations and other agency actions appropriate
for suspension, repeal, replacement, or modification, the public is
encouraged to consider whether there is an opportunity to: (1) Simplify
or clarify language in a regulation; (2) eliminate

[[Page 45752]]

overlapping and duplicative regulations, including those that require
repetitive filings for conducting business with the Department; (3)
eliminate conflicts and inconsistencies in the Department's regulations
and those of its agencies; (4) eliminate conflicts and inconsistencies
with the rules of other Federal agencies or state, local, or tribal
governments, (5) determine if matters in an existing regulation could
be better handled fully by the states without Federal regulations; (6)
revise regulations in which technology, economic conditions or other
factors have changed in the area affected by the regulation; (7)
reconsider regulations that were based on scientific or other
information that has been discredited or superseded; (8) reconsider the
burdens imposed on those directly or indirectly affected by the
regulation and, specifically, those that are costly when compared to
the benefit provided; (9) reconsider burdens imposed on small entities;
(10) foster innovation by revising regulations to include performance
standards for regulatory compliance; and (11) reduce burdens by
incorporating international or industry consensus standards into
regulations.

Content of Comments

The Department will review all comments submitted timely to the
docket associated with this regulatory review, DOT-OST-2017-0069. To
maximize the usefulness of comments, the Department encourages
commenters to provide the following information:
1. Specific reference. A specific reference to the policy
statement, guidance document, regulation, or other agency action that
imposes the burden that the comment discusses. This should be a
citation to the Code of Federal Regulations, a guidance document
number, or an Internet link. A specific reference will assist the
Department in identifying the requirement, the original source of the
requirement, and relevant documentation that may describe the history
and effects of the requirement.
2. Description of burden. A description of the burden that the
identified policy statement, guidance document, regulation, or other
agency action imposes. A comment that describes how the policy
statement, guidance document, regulation, or other agency action is
burdensome is more useful than a comment that merely asserts that it is
burdensome. Comments that reflect experience with the requirement and
provide data describing that experience are more credible than comments
that are not tied to direct experience. Verifiable, quantifiable data
describing burdens are more useful than anecdotal descriptions.
3. Description of less burdensome alternatives. If the commenter
believes that the objective that motivated the policy statement,
guidance document, regulation, or other agency action may be achieved
using a less burdensome alternative, the commenter should describe that
alternative in detail. Likewise, if the commenter believes that there
is not a less burdensome alternative or there is not a legitimate
objective motivating the requirement, then that should be explained in
the comment.
4. Examples of affected entities or projects. Examples of entities
that are, have been, or will be negatively affected by the identified
policy statement, guidance document, regulation, or other agency action
and examples of entities that will benefit it the requirement is
removed or revised. A comment listing specific entities is more useful
because it will assist the Department in investigating the burden and
how it may be most effectively addressed.

Scope of Comments

The Department is interested in comments on any DOT regulation or
other agency action that imposes unjustifiable burdens on regulated
entities or on the use or production of domestic energy resources.

Issued on: September 26, 2017.
James C. Owens,
Acting General Counsel.

Appendix A--DOT Economically Significant Rulemakings

1. The FRA's final rule on Electronically Controlled Pneumatic
Brake Systems (RIN: 2130-AC03) (published on October 16, 2008, at 73
FR 61511) (annualized costs of $138 million);
2. The PHMSA's final rule on Pipeline Safety: Standards for
Increasing the Maximum Allowable Operating Pressure for Gas
Transmission Pipelines (RIN: 2137-AE25) (published on October 17,
2008, at 73 FR 62147) (annualized costs of $95 million);
3. The NHTSA's final rule on Average Fuel Economy Standards
Passenger Cars and Light Trucks Model Year 2011 (RIN: 2127-AK29)
(published on March 30, 2009, at 74 FR 14195) (annualized costs of
$1.46 billion);
4. The NHTSA's final rule on the Federal Motor Vehicle Safety
Standards; Roof Crush Resistance; Phase-In Reporting Requirements
(RIN: 2127-AG51) (published on May 12, 2009, at 74 FR 22347)
(annualized costs of $0.8-1.3 billion);
5. The PHMSA's final rule on Pipeline Safety: Integrity
Management Program for Gas Distribution Pipelines (RIN: 2137-AE15)
(published on December 4, 2009, at 74 FR 63905) (annualized costs of
$95 million);
6. The NHTSA's final rule on Light-Duty Vehicle Greenhouse Gas
Emission Standards and Corporate Average Fuel Economy Standards
(RIN: 2127-AK50) (published on May 7, 2010, at 75 FR 25323)
(annualized costs of approximately $10 billion);
7. The FAA's final rule on Automatic Dependent Surveillance--
Broadcast Equipage Mandate to Support Air Traffic Control Service
(RIN: 2120-AI92) (published May 28, 2010, at 75 FR 30159)
(annualized costs of $216 million);
8. The FHWA's final rule on Real-Time System Management
Information Program (RIN: 2125-AF19) (published on November 9, 2010,
at 75 FR 68418) (annualized costs of $135 million);
9. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards, Ejection Mitigation; Phase-In Reporting Requirements;
Incorporation by Reference (RIN: 2127-AK23) (published on January
19, 2011, at 76 FR 3211) (annualized costs of $2.3 billion);
10. The FRA's final rule on Positive Train Control Systems (RRR)
(RIN: 2130-AC27) (published on May 14, 2012, at 77 FR 28285)
(annualized costs of $2 million);
11. The NHTSA's final rule on 2017 and Later Model Year Light-
Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel
Economy Standards (RIN: 2127-AK79) (published on October 15, 2012,
at 77 FR 62623) (annualized costs of $2.2-3.6 billion);
12. The FTA's final rule on Major Capital Investment Projects--
New/Small Starts (RIN: 2132-AB02) (published on January 9, 2013, at
78 FR 1991) (annualized costs of $300,000);
13. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards; Occupant Crash Protection (RIN: 2127-AK56) (published on
November 25, 2013, at 78 FR 70415) (annualized costs of $6 million);
14. The FMCSA's final rule on Inspection, Repair, and
Maintenance; Driver-Vehicle Inspection Report (DVIR) (RIN: 2126-
AB46) (published on December 18, 2014, at 79 FR 75437) (annualized
cost-savings of $1.7 billion);
15. The NHTSA's final rule on Federal Motor Vehicle Safety
Standards; Electronic Stability Control Systems for Heavy Vehicles
(RIN: 2127-AK97) (published on June 23, 2015, at 80 FR 36049)
(annualized costs of $46 million);
16. The PHMSA's final rule on Hazardous Materials: Enhanced Tank
Car Standards and Operational Controls for High-Hazard Flammable
Trains (RIN: 2137-AE91) (published on July 7, 2015, at 80 FR 26643)
(annualized costs of $234 million);
17. The FMCSA's final rule on Electronic Logging Devices and
Hours of Service Supporting Documents (RIN: 2126-AB20) (published on
December 16, 2015, at 80 FR 78291) (annualized costs of $1.8
billion);
18. The NHTSA's final rule on Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and
Vehicles--Phase 2 (RIN: 2127-AL52) (published on October 25, 2016,
at 81 FR 73478) (annualized costs of $4 billion);
19. The FMCSA's final rule on Commercial Driver's License Drug
and Alcohol Clearinghouse (RIN: 2126-AB18) (published

[[Page 45753]]

on December 5, 2016, at 81 FR 87686) (annualized costs of $154
million); and
20. The FMCSA's final rule on Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle Operators (RIN: 2126-AB66)
(published on December 8, 2016, at 81 FR 88732) (annualized costs of
$368 million).

[FR Doc. 2017-21101 Filed 9-29-17; 8:45 am]
BILLING CODE 4910-9X-P

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