Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits, 72851-72854 [2021-27851]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
DEPARTMENT OF TRANSPORTATION
List of Subjects in 40 CFR Part 180
Federal Motor Carrier Safety
Administration
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 9, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.682, amend paragraph
(a)(1) by:
■ a. In the introductory text, removing
‘‘table below’’ and ‘‘specified below’’
and adding ‘‘following table’’ and
‘‘specified in this paragraph (a)(1)’’ in
their places, respectively; and
■ b. In the table, adding a table heading
and entries in alphabetical order for
‘‘Lemongrass, dried’’; ‘‘Lemongrass,
fresh’’; ‘‘Rosemary, dried’’; ‘‘Rosemary,
fresh’’; ‘‘Wormwood, dried’’; and
‘‘Wormwood, fresh’’.
The additions read as follows:
■
§ 180.682 Bicyclopyrone; tolerances for
residues.
(a) * * *
(1) * * *
TABLE 1 TO PARAGRAPH (a)(1)
*
*
Parts per
million
*
*
*
Lemongrass, dried ....................
Lemongrass, fresh ....................
Rosemary, dried .......................
Rosemary, fresh .......................
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*
*
*
*
0.5
0.3
0.3
0.03
*
Wormwood, dried .....................
Wormwood, fresh .....................
*
*
*
*
0.09
0.05
*
[FR Doc. 2021–27602 Filed 12–22–21; 8:45 am]
BILLING CODE 6560–50–P
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[Docket No. FMCSA–2021–0063]
RIN 2126–AC40
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permits
regulations to incorporate by reference
the updated Commercial Vehicle Safety
Alliance (CVSA) handbook containing
inspection procedures and Out-ofService Criteria (OOSC) for inspections
of shipments of transuranic waste and
highway route controlled quantities of
radioactive material. The OOSC provide
enforcement personnel nationwide,
including FMCSA’s State partners, with
uniform enforcement tolerances for
inspections. Through this rule, FMCSA
incorporates by reference the April 1,
2021, edition of the handbook.
DATES: Effective February 22, 2022. The
incorporation by reference of the
material described in the rule is
approved by the Director of the Federal
Register as of February 22, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ Cestero, Vehicle and Roadside
Operations Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–5541,
jose.cestero@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: This final
rule is organized as follows:
SUMMARY:
■
Commodity
49 CFR Part 385
Jkt 256001
I. Availability of Rulemaking Documents
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking and
Comments
A. Proposed Rulemaking
B. Comments and Responses
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and
DOT Regulations
B. Congressional Review Act
C. Regulatory Flexibility Act (Small
Entities)
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D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of
1969
I. Availability of Rulemaking
Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2021-0063/document and
choose the document to review. To view
comments, click this final rule, then
click ‘‘Browse Comments.’’ If you do not
have access to the internet, you may
view the docket online by visiting
Dockets Operations at U.S. Department
of Transportation, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
II. Executive Summary
This final rule updates an
incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at
§ 385.415(b). The provision at
§ 385.4(b)(1) currently references the
April 1, 2019, edition of CVSA’s
handbook titled ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’ The CVSA handbook contains
inspection procedures and Out-ofService Criteria (OOSC) for inspections
of shipments of transuranic waste and
highway route controlled quantities of
radioactive material. The OOSC, while
not regulations, provide enforcement
personnel nationwide, including
FMCSA’s State partners, with uniform
enforcement tolerances for inspections.
The material is available, and will
continue to be available, for inspection
at the FMCSA, Office of Enforcement
and Compliance, 1200 New Jersey
Avenue SE, Washington, DC 20590
(Attention: Chief, Compliance Division)
at (202) 366–1812. The document may
be purchased from the Commercial
Vehicle Safety Alliance, 6303 Ivy Lane,
Suite 310, Greenbelt, MD 20770,
telephone (301) 830–6143,
www.cvsa.org.
Twenty-one updates distinguish the
April 1, 2021, handbook edition from
the 2019 edition. The updates are all
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described in detail in the July 6, 2021,
notice of proposed rulemaking (NPRM)
for this rule (86 FR 35445–47). The
incorporation by reference of the 2021
edition does not impose new regulatory
requirements.
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III. Legal Basis for the Rulemaking
Congress has enacted several statutory
provisions to ensure the safe
transportation of hazardous materials in
interstate commerce. Specifically, in
provisions codified at 49 U.S.C. 5105(d),
relating to inspections of motor vehicles
carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier
safety permits, the Secretary of
Transportation is required to
promulgate regulations as part of a
comprehensive safety program on
hazardous materials safety permits. The
FMCSA Administrator has been
delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking
functions vested in the Secretary of
Transportation. Consistent with that
authority, FMCSA has promulgated
regulations under 49 CFR part 385,
subpart E, to address the congressional
mandate on hazardous materials safety
permits. Those regulations are the
underlying provisions to which the
material incorporated by reference
discussed in this final rule is applicable.
IV. Background
In 1986, the U.S. Department of
Energy and CVSA entered into a
cooperative agreement to develop a
higher level of inspection procedures,
out-of-service (OOS) conditions and/or
criteria, an inspection decal, and a
training and certification program for
inspectors to conduct inspections of
shipments of transuranic waste and
highway route controlled quantities of
radioactive material. CVSA developed
the North American Standard Level VI
Inspection Program for Transuranic
Waste and Highway Route Controlled
Quantities of Radioactive Material. This
inspection program for select
radiological shipments includes
inspection procedures, enhancements to
the North American Standard Level I
Inspection, radiological surveys, CVSA
Level VI decal requirements, and the
‘‘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.’’ As of January 1,
2005, all vehicles and carriers
transporting highway route controlled
quantities of radioactive material are
regulated by the U.S. Department of
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Transportation. All highway route
controlled quantities of radioactive
material must pass the North American
Standard Level VI Inspection prior to
the shipment being allowed to travel in
the United States. All highway route
controlled quantities of radioactive
material shipments entering the United
States must also pass the North
American Standard Level VI Inspection
either at the shipment’s point of origin
or when the shipment enters the United
States.
Section 385.415 of title 49, Code of
Federal Regulations, prescribes
operational requirements for motor
carriers transporting hazardous
materials for which a hazardous
materials safety permit is required.
Section 385.415(b) requires that motor
carriers ensure a pre-trip inspection is
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 CVSA’s
handbook titled ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403.’’
According to 2015–2019 data from
FMCSA’s Motor Carrier Management
Information System (MCMIS),
approximately 3.34 million Level I–
Level VI inspections were performed
annually. Nearly 97 percent of these
were Level I,1 Level II,2 and Level III 3
inspections. During the same period, an
average of 611 Level VI inspections
were performed annually, comprising
only 0.02 percent of all inspections. On
average, OOS violations were cited in
only 7.8 Level VI inspections annually
(2 percent), whereas on average, OOS
violations were cited in 266,025 Level I
inspections (25 percent), 275,840 Level
II inspections (23 percent), and 61,201
Level III inspections (6 percent)
annually. As these statistics
demonstrate, OOS violations are cited in
a far lower percentage of Level VI
inspections than Level I, II, and III
1 Level
I is a 37-step inspection procedure that
involves examination of the motor carrier’s and
driver’s credentials, record of duty status, the
mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be
present.
2 Level II is a driver and walk-around vehicle
inspection, involving the inspection of items that
can be checked without physically getting under
the vehicle.
3 Level III is a driver-only inspection that
includes examination of the driver’s credentials and
documents.
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inspections, due largely to the enhanced
oversight and inspection of vehicles
involved in Level VI inspections
because of the sensitive nature of the
cargo being transported.
The changes from the 2019 edition of
the CVSA handbook to the 2021 edition,
which includes changes adopted in the
2020 edition, are intended to ensure
clarity in the presentation of the OOS
conditions and are generally editorial or
ministerial. As discussed below,
FMCSA does not expect the changes
made in the 2021 edition of the CVSA
handbook to affect the number of OOS
violations cited during Level VI
inspections.
V. Discussion of Proposed Rulemaking
and Comments
A. Proposed Rulemaking
FMCSA published a notice of
proposed rulemaking (NPRM) on July 6,
2021 (86 FR 35443). Whereas the
incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR
385.415(b) references the April 1, 2019,
edition of CVSA’s ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-Service Criteria for Commercial
Highway Vehicles Transporting
Transuranics and Highway Route
Controlled Quantities of Radioactive
Materials as defined in 49 CFR part
173.403,’’ the NPRM proposed to
incorporate by reference the April 1,
2021, edition, which also captures
changes adopted in the April 1, 2020,
edition. Cumulatively, twenty-one
updates distinguish the April 1, 2021,
edition from the 2019 edition. Each of
the changes was described and
discussed in detail in the NPRM.
Generally, the changes serve to clarify or
provide additional guidance to
inspectors regarding uniform
implementation and application of the
out-of-service criteria, and none is
expected to affect the number of out-ofservice violations cited during Level VI
inspections. The incorporation by
reference of the 2021 edition does not
change what constitutes a violation of
FMCSA regulations.
B. Comments and Responses
FMCSA solicited comments
concerning the NPRM for 30 days
ending August 5, 2021. By that date,
three comments were received, from
CVSA and two private citizens. CVSA
commended FMCSA for publishing the
NPRM, and encouraged FMCSA to
finalize the rule and update the
incorporation by reference because ‘‘the
current reference of the April 1, 2019
edition is outdated and does not reflect
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the most up to date Standard, which
was published on April 1, 2021.’’
One comment from a private citizen
was outside the scope of this
rulemaking.
One comment from a private citizen
recommended that FMCSA not include
the date of the handbook in the
regulations so that updating the date
through rulemakings would not be
necessary.
Response: FMCSA must specify
which version of a document is being
incorporated by reference under the
requirements of 1 CFR part 51.
Therefore, in order to ensure that the
most recent version of the handbook is
incorporated by reference at 49 CFR
385.415(b), FMCSA must publish a new
rulemaking for each updated version.
VI. International Impacts
The Federal Motor Carrier Safety
Regulations (FMCSRs), and any
exceptions to the FMCSRs, apply only
within the United States (and, in some
cases, United States territories). Motor
carriers and drivers are subject to the
laws and regulations of the countries in
which they operate, unless an
international agreement states
otherwise. Drivers and carriers should
be aware of the regulatory differences
among nations.
The CVSA is an organization
representing Federal, State, and
Provincial motor carrier safety
enforcement agencies in the United
States, Canada, and Mexico. The OOSC
provide uniform enforcement tolerances
for inspections conducted in all three
countries.
VII. Section–by–Section Analysis
Section 385.4 Matter Incorporated by
Reference
Section 385.4(b)(1), is amended by
replacing the reference to the April 1,
2019, edition date with a reference to
the new edition date of April 1, 2021.
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VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulations
FMCSA has considered the impact of
this final rule under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory
Planning and Review, E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and
DOT’s regulatory policies and
procedures. The Office of Information
and Regulatory Affairs (OIRA)
determined that this final rule is not a
significant regulatory action under
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section 3(f) of E.O. 12866, as
supplemented by E.O. 13563, and does
not require an assessment of potential
costs and benefits under section 6(a)(3)
of that Order. Accordingly, the Office of
Management and Budget (OMB) has not
reviewed it under these orders.
The final rule updates an
incorporation by reference from the
April 1, 2019, edition to the April 1,
2021, edition of CVSA’s handbook titled
‘‘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.’’ FMCSA reviewed its
MCMIS data on inspections performed
from 2015 to 2019 and does not expect
the handbook updates to have any effect
on the number of OOS violations cited
during Level VI inspections. Therefore,
the final rule’s impact would be de
minimis.
B. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801, et seq.), OIRA
designated this rulemaking as not a
‘‘major rule,’’ as defined by 5 U.S.C.
804(2).4
C. Regulatory Flexibility Act (Small
Entities)
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) (RFA), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857), requires
Federal agencies to consider the effects
of the regulatory action on small
business and other small entities and to
minimize any significant economic
impact. The term ‘‘small entities’’
comprises small businesses and not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000 (5 U.S.C.
601(6)). Accordingly, DOT policy
requires an analysis of the impact of all
regulations on small entities, and
mandates that agencies strive to lessen
any adverse effects on these businesses.
None of the updates from the 2021
4 A ‘‘major rule’’ means any rule that the
Administrator of OIRA at OMB finds has resulted
in or is likely to result in (a) an annual effect on
the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual
industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c)
significant adverse effects on competition,
employment, investment, productivity, innovation,
or on the ability of United States-based enterprises
to compete with foreign-based enterprises in
domestic and export markets (5 U.S.C. 804(2)).
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edition imposes new requirements or
makes substantive changes to the
FMCSRs.
When an Agency issues a rulemaking
proposal, the RFA requires the Agency
to ‘‘prepare and make available an
initial regulatory flexibility analysis’’
that will describe the impact of the
proposed rule on small entities (5 U.S.C.
603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of
preparing an analysis, if the final rule is
not expected to impact a substantial
number of small entities. This final rule
updates an incorporation by reference
found at 49 CFR 385.4(b)(1) and
referenced at 49 CFR 385.415(b), and
incorporates by reference the April 1,
2021, edition of the CVSA handbook.
The changes to the 2021 edition of the
CVSA handbook from the 2019 edition
are intended to ensure clarity in the
presentation of the OOS conditions and
are generally editorial or ministerial. As
noted above, FMCSA does not expect
the changes made in the 2021 edition of
the CVSA handbook to affect the
number of OOS violations cited during
Level VI inspections. Accordingly, I
certify that this final rule will not have
a significant economic impact on a
substantial number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996,
FMCSA wants to assist small entities in
understanding this rulemaking so they
can better evaluate its effects on
themselves and participate in the
rulemaking initiative. If the rulemaking
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
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E. Unfunded Mandates Reform Act of
1995
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
$170 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2020 levels) or
more in any one year. Though this
rulemaking would not result in such an
expenditure, the Agency does discuss
the effects of this rulemaking elsewhere
in this preamble.
F. Paperwork Reduction Act
This rulemaking contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism
under Section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
FMCSA has determined that this
rulemaking does not have substantial
direct costs on or for States, nor does it
limit the policymaking discretion of
States. Nothing in this document
preempts any State law or regulation.
Therefore, this rulemaking does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Impact Statement.
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H. Privacy
The Consolidated Appropriations Act,
2005,5 requires the Agency to conduct a
privacy impact assessment (PIA) of a
regulation that will affect the privacy of
individuals. This rulemaking does not
require the collection of personally
identifiable information, and therefore a
PIA is not necessary.
I. E.O. 13175 (Indian Tribal
Governments)
This rulemaking does not have Tribal
implications under E.O. 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
5 Public Law 108–447, 118 Stat. 2809, 3268, 5
U.S.C. 552a note (Dec. 8, 2004).
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responsibilities between the Federal
Government and Indian Tribes.
J. National Environmental Policy Act of
1969
FMCSA analyzed this rulemaking for
the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined this
action is categorically excluded from
further analysis and documentation in
an environmental assessment or
environmental impact statement under
FMCSA Order 5610.1 (69 FR 9680,
March 1, 2004), Appendix 2, paragraph
6(b). This Categorical Exclusion (CE)
covers minor revisions to regulations.
The requirements in this rulemaking are
covered by this CE, and the rulemaking
does not have any effect on the quality
of the environment.
List of Subjects in 49 CFR 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 amends 49 CFR chapter III, part
385, as set forth below:
PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113, 13901–13905, 13908,
31135, 31136, 31144, 31148, 31151, 31502;
sec. 113(a), Pub. L. 103–311, 108 Stat. 1673,
1676; sec. 408, Pub. L. 104–88, 109 Stat. 803,
958; sec. 350, Pub. L. 107–87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114–94, 129 Stat.
1312, 1537; and 49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
■
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(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, 2021,
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–27851 Filed 12–22–21; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 211217–0261]
RIN 0648–BK36
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Lane
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement management measures
described in a framework action to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule modifies catch
limits in the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) for lane
snapper. The purpose of this final rule
and the framework action is to modify
the annual catch limit (ACL), to revise
an accountability measure (AM), and to
achieve optimum yield (OY) for the
stock while preventing overfishing. This
final rule also makes minor
administrative changes to replace
outdated NMFS website addresses and
language about required software for the
Individual Fishing Quota (IFQ)
programs. Additionally, this final rule
reopens the harvest of lane snapper for
the commercial and recreational sectors
as a result of the ACL increase.
DATES: This final rule is effective
January 24, 2022, except for amendment
number 6 to § 622.41(k), which is
effective on December 23, 2021.
The lane snapper commercial and
recreational sectors will reopen effective
12:01 a.m., local time, December 23,
2021, until the end of the current fishing
year, December 31, 2021.
ADDRESSES: Electronic copies of the
framework action, which includes an
environmental assessment, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
framework-action-implementmodification-gulf-mexico-lane-snappercatch-limits-and.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, Southeast Regional Office,
NMFS, telephone: 727–824–5305, email:
daniel.luers@noaa.gov.
SUMMARY:
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72851-72854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27851]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 385
[Docket No. FMCSA-2021-0063]
RIN 2126-AC40
Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its Hazardous Materials Safety Permits
regulations to incorporate by reference the updated Commercial Vehicle
Safety Alliance (CVSA) handbook containing inspection procedures and
Out-of-Service Criteria (OOSC) for inspections of shipments of
transuranic waste and highway route controlled quantities of
radioactive material. The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. Through this rule, FMCSA incorporates by
reference the April 1, 2021, edition of the handbook.
DATES: Effective February 22, 2022. The incorporation by reference of
the material described in the rule is approved by the Director of the
Federal Register as of February 22, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
(202) 366-5541, [email protected]. If you have questions on viewing
or submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION: This final rule is organized as follows:
I. Availability of Rulemaking Documents
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulations
B. Congressional Review Act
C. Regulatory Flexibility Act (Small Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2021-0063/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Executive Summary
This final rule updates an incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at Sec. 385.415(b). The provision at
Sec. 385.4(b)(1) currently references the April 1, 2019, edition of
CVSA's handbook titled ``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.'' The CVSA handbook contains inspection procedures
and Out-of-Service Criteria (OOSC) for inspections of shipments of
transuranic waste and highway route controlled quantities of
radioactive material. The OOSC, while not regulations, provide
enforcement personnel nationwide, including FMCSA's State partners,
with uniform enforcement tolerances for inspections. The material is
available, and will continue to be available, for inspection at the
FMCSA, Office of Enforcement and Compliance, 1200 New Jersey Avenue SE,
Washington, DC 20590 (Attention: Chief, Compliance Division) at (202)
366-1812. The document may be purchased from the Commercial Vehicle
Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770,
telephone (301) 830-6143, www.cvsa.org.
Twenty-one updates distinguish the April 1, 2021, handbook edition
from the 2019 edition. The updates are all
[[Page 72852]]
described in detail in the July 6, 2021, notice of proposed rulemaking
(NPRM) for this rule (86 FR 35445-47). The incorporation by reference
of the 2021 edition does not impose new regulatory requirements.
III. Legal Basis for the Rulemaking
Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits, the Secretary
of Transportation is required to promulgate regulations as part of a
comprehensive safety program on hazardous materials safety permits. The
FMCSA Administrator has been delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking functions vested in the
Secretary of Transportation. Consistent with that authority, FMCSA has
promulgated regulations under 49 CFR part 385, subpart E, to address
the congressional mandate on hazardous materials safety permits. Those
regulations are the underlying provisions to which the material
incorporated by reference discussed in this final rule is applicable.
IV. Background
In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections of shipments of transuranic waste and
highway route controlled quantities of radioactive material. CVSA
developed the North American Standard Level VI Inspection Program for
Transuranic Waste and Highway Route Controlled Quantities of
Radioactive Material. This inspection program for select radiological
shipments includes inspection procedures, enhancements to the North
American Standard Level I Inspection, radiological surveys, CVSA Level
VI decal requirements, and 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.'' As of January 1, 2005, all vehicles and carriers
transporting highway route controlled quantities of radioactive
material are regulated by the U.S. Department of Transportation. All
highway route controlled quantities of radioactive material must pass
the North American Standard Level VI Inspection prior to the shipment
being allowed to travel in the United States. All highway route
controlled quantities of radioactive material shipments entering the
United States must also pass the North American Standard Level VI
Inspection either at the shipment's point of origin or when the
shipment enters the United States.[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
Section 385.415 of title 49, Code of Federal Regulations,
prescribes operational requirements for motor carriers transporting
hazardous materials for which a hazardous materials safety permit is
required. Section 385.415(b) requires that motor carriers ensure a pre-
trip inspection is 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 CVSA's
handbook titled ``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.''
According to 2015-2019 data from FMCSA's Motor Carrier Management
Information System (MCMIS), approximately 3.34 million Level I-Level VI
inspections were performed annually. Nearly 97 percent of these were
Level I,\1\ Level II,\2\ and Level III \3\ inspections. During the same
period, an average of 611 Level VI inspections were performed annually,
comprising only 0.02 percent of all inspections. On average, OOS
violations were cited in only 7.8 Level VI inspections annually (2
percent), whereas on average, OOS violations were cited in 266,025
Level I inspections (25 percent), 275,840 Level II inspections (23
percent), and 61,201 Level III inspections (6 percent) annually. As
these statistics demonstrate, OOS violations are cited in a far lower
percentage of Level VI inspections than Level I, II, and III
inspections, due largely to the enhanced oversight and inspection of
vehicles involved in Level VI inspections because of the sensitive
nature of the cargo being transported.
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\1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
\2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
\3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
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The changes from the 2019 edition of the CVSA handbook to the 2021
edition, which includes changes adopted in the 2020 edition, are
intended to ensure clarity in the presentation of the OOS conditions
and are generally editorial or ministerial. As discussed below, FMCSA
does not expect the changes made in the 2021 edition of the CVSA
handbook to affect the number of OOS violations cited during Level VI
inspections.
V. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
FMCSA published a notice of proposed rulemaking (NPRM) on July 6,
2021 (86 FR 35443). Whereas the incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR 385.415(b) references the April 1,
2019, edition of CVSA's ``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,'' the NPRM proposed to incorporate by reference the
April 1, 2021, edition, which also captures changes adopted in the
April 1, 2020, edition. Cumulatively, twenty-one updates distinguish
the April 1, 2021, edition from the 2019 edition. Each of the changes
was described and discussed in detail in the NPRM. Generally, the
changes serve to clarify or provide additional guidance to inspectors
regarding uniform implementation and application of the out-of-service
criteria, and none is expected to affect the number of out-of-service
violations cited during Level VI inspections. The incorporation by
reference of the 2021 edition does not change what constitutes a
violation of FMCSA regulations.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 30 days ending
August 5, 2021. By that date, three comments were received, from CVSA
and two private citizens. CVSA commended FMCSA for publishing the NPRM,
and encouraged FMCSA to finalize the rule and update the incorporation
by reference because ``the current reference of the April 1, 2019
edition is outdated and does not reflect
[[Page 72853]]
the most up to date Standard, which was published on April 1, 2021.''
One comment from a private citizen was outside the scope of this
rulemaking.
One comment from a private citizen recommended that FMCSA not
include the date of the handbook in the regulations so that updating
the date through rulemakings would not be necessary.
Response: FMCSA must specify which version of a document is being
incorporated by reference under the requirements of 1 CFR part 51.
Therefore, in order to ensure that the most recent version of the
handbook is incorporated by reference at 49 CFR 385.415(b), FMCSA must
publish a new rulemaking for each updated version.
VI. International Impacts
The Federal Motor Carrier Safety Regulations (FMCSRs), and any
exceptions to the FMCSRs, apply only within the United States (and, in
some cases, United States territories). Motor carriers and drivers are
subject to the laws and regulations of the countries in which they
operate, unless an international agreement states otherwise. Drivers
and carriers should be aware of the regulatory differences among
nations.
The CVSA is an organization representing Federal, State, and
Provincial motor carrier safety enforcement agencies in the United
States, Canada, and Mexico. The OOSC provide uniform enforcement
tolerances for inspections conducted in all three countries.
VII. Section-by-Section Analysis
Section 385.4 Matter Incorporated by Reference[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
Section 385.4(b)(1), is amended by replacing the reference to the
April 1, 2019, edition date with a reference to the new edition date of
April 1, 2021.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulations
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs (OIRA) determined that this final
rule is not a significant regulatory action under section 3(f) of E.O.
12866, as supplemented by E.O. 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it under these orders.
The final rule updates an incorporation by reference from the April
1, 2019, edition to the April 1, 2021, edition of CVSA's handbook
titled ``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.'' FMCSA reviewed its MCMIS data on inspections performed from
2015 to 2019 and does not expect the handbook updates to have any
effect on the number of OOS violations cited during Level VI
inspections. Therefore, the final rule's impact would be de minimis.
B. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
OIRA designated this rulemaking as not a ``major rule,'' as defined by
5 U.S.C. 804(2).\4\
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\4\ A ``major rule'' means any rule that the Administrator of
OIRA at OMB finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
Federal agencies, State agencies, local government agencies, or
geographic regions; or (c) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets (5 U.S.C.
804(2)).
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C. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
(RFA), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies
to consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses. None of the updates from the 2021 edition
imposes new requirements or makes substantive changes to the FMCSRs.
When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C. 603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of preparing an analysis, if the
final rule is not expected to impact a substantial number of small
entities. This final rule updates an incorporation by reference found
at 49 CFR 385.4(b)(1) and referenced at 49 CFR 385.415(b), and
incorporates by reference the April 1, 2021, edition of the CVSA
handbook. The changes to the 2021 edition of the CVSA handbook from the
2019 edition are intended to ensure clarity in the presentation of the
OOS conditions and are generally editorial or ministerial. As noted
above, FMCSA does not expect the changes made in the 2021 edition of
the CVSA handbook to affect the number of OOS violations cited during
Level VI inspections. Accordingly, I certify that this final rule will
not have a significant economic impact on a substantial number of small
entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rulemaking so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
[[Page 72854]]
E. Unfunded Mandates Reform Act of 1995
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 $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any one year. Though this rulemaking would not
result in such an expenditure, the Agency does discuss the effects of
this rulemaking elsewhere in this preamble.
F. Paperwork Reduction Act
This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this rulemaking does not have substantial
direct costs on or for States, nor does it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
H. Privacy
The Consolidated Appropriations Act, 2005,\5\ requires the Agency
to conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rulemaking does not require the
collection of personally identifiable information, and therefore a PIA
is not necessary.
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\5\ Public Law 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note
(Dec. 8, 2004).
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I. E.O. 13175 (Indian Tribal Governments)[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
This rulemaking does not have Tribal implications under E.O. 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.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rulemaking for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) covers
minor revisions to regulations. The requirements in this rulemaking are
covered by this CE, and the rulemaking does not have any effect on the
quality of the environment.
List of Subjects in 49 CFR 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 amends 49 CFR chapter III,
part 385, as set forth below:
PART 385--SAFETY FITNESS PROCEDURES
0
1. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
0
2. Revise Sec. 385.4(b)(1) to read as follows:
Sec. 385.4 Matter incorporated by reference.
* * * * *
(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, 2021, incorporation by reference approved for Sec.
385.415(b).
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-27851 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-EX-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]
