66158 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

1 49 CFR 1.94. 

2 49 U.S.C. 30113(b)(3)(A). 

3 49 U.S.C. 30113(b)(3)(B). 

4 49 CFR 555.7(a). 

(1) A weblink in a form that is short, 

simple, and easy to remember, leading 

to written information required to be 

provided pursuant to § 76.1602(b)(2), 

(7), and (8); 

(2) A weblink in a form that is short, 

simple, and easy to remember, leading 

to written information required to be 

provided pursuant to § 76.1602(b)(5); 

and 

(3) A telephone number that is readily 

identifiable as an opt-out mechanism 

that will allow subscribers to continue 

to receive paper copies of the entire 

annual notice. 

(d) If the conditions for electronic 

delivery in paragraphs (a) and (b) of this 

section are not met, or if a subscriber 

opts out of electronic delivery, the 

written material must be delivered by 

paper copy to the subscriber’s physical 

address. 

■ 4. Revise § 76.1614 to read as follows: 

§ 76.1614 Identification of must-carry 

signals. 

A cable operator shall respond in 

writing within 30 days to any written 

request by any person for the 

identification of the signals carried on 

its system in fulfillment of the mustcarry requirements of § 76.56. The 

required written response may be 

delivered by email, if the consumer 

used email to make the request or 

complaint directly to the cable operator, 

or if the consumer specifies email as the 

preferred delivery method in the request 

or complaint. 

■ 5. Section 76.1619 is amended by 

revising paragraph (b) to read as follows: 

§ 76.1619 Information on subscriber bills. 

* * * * * 

(b) In case of a billing dispute, the 

cable operator must respond to a written 

complaint from a subscriber within 30 

days. The required response may be 

delivered by email, if the consumer 

used email to make the request or 

complaint directly to the cable operator, 

or if the consumer specifies email as the 

preferred delivery method in the request 

or complaint. 

* * * * * 

§§ 76.1621 and 76.1622 [Removed and 

Reserved] 

■ 6. Remove and reserve §§ 76.1621 and 

76.1622. 

[FR Doc. 2018–27601 Filed 12–21–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 555 

[Docket No. NHTSA–2018–0103] 

RIN 2127–AL97 

Temporary Exemption From Motor 

Vehicle Safety and Bumper Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This document amends 

NHTSA’s regulation on temporary 

exemption from the Federal motor 

vehicle safety standards (FMVSS) and 

bumper standards to expedite the 

publishing of notices soliciting public 

comment on exemption petitions. It 

does so by eliminating the provision 

calling for the Agency to determine that 

a petition is complete before the Agency 

publishes a notice summarizing the 

petition and soliciting public comments 

on it. As amended, the regulation 

continues to provide that the Agency 

will, as it does now, determine whether 

a petition contains adequate 

justification in deciding whether to 

grant or deny the petition. The intended 

effect of these changes is to enable the 

Agency to solicit public comments more 

quickly. 

DATES: This final rule is effective on 

January 25, 2019. 

Petitions for reconsideration of this 

final rule must be received not later 

than February 11, 2019. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this final rule, 

contact Stephen Wood, NCC–200, 

Assistant Chief Counsel for Vehicle 

Rulemaking and Harmonization, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

telephone (202) 366–5240; email 

Steve.Wood@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Traffic and Motor 

Vehicle Safety Act, as amended, 

authorizes the Secretary of 

Transportation to exempt, on a 

temporary basis, under specified 

circumstances, and on terms the 

Secretary deems appropriate, motor 

vehicles from a FMVSS or bumper 

standard. This authority is set forth at 

49 U.S.C. 30113. The Secretary has 

delegated the authority for 

implementing this section to NHTSA.1

The exercise of NHTSA’s authority to 

grant, in whole or in part, a temporary 

exemption to a vehicle manufacturer is 

conditioned upon the Agency’s making 

specified findings. The Agency must 

comprehensively evaluate the request 

for exemption and find that the 

exemption is consistent with the public 

interest and with the objectives of the 

Vehicle Safety Act.2 In addition, the 

Agency must make one of the following 

more focused findings: 

(i) compliance with the standard[s] [from 

which exemption is sought] would cause 

substantial economic hardship to a 

manufacturer that has tried to comply with 

the standard[s] in good faith; 

(ii) the exemption would make easier the 

development or field evaluation of a new 

motor vehicle safety feature providing a 

safety level at least equal to the safety level 

of the standard; 

(iii) the exemption would make the 

development or field evaluation of a lowemission motor vehicle easier and would not 

unreasonably lower the safety level of that 

vehicle; or 

(iv) compliance with the standard would 

prevent the manufacturer from selling a 

motor vehicle with an overall safety level at 

least equal to the overall safety level of 

nonexempt vehicles.3

To provide procedures for 

implementing these statutory provisions 

concerning temporary exemptions, 

NHTSA established 49 CFR part 555, 

Temporary Exemption from Motor 

Vehicle Safety and Bumper Standards. 

The requirements in 49 CFR 555.5 state 

that a petitioner must set forth the basis 

of its petition by providing the 

information required under 49 CFR 

555.6, and explaining why the 

exemption would be in the public 

interest and consistent with the 

objectives of the Safety Act. In addition, 

the petitioner must submit data and 

analysis supporting the making of one of 

the four findings specified above. 

Section 555.7 describes the steps that 

NHTSA is to take after it receives an 

exemption petition. If the Agency 

determines that a petition is complete, 

it publishes a notice in the Federal 

Register summarizing the petition and 

inviting public comment on whether it 

should be granted or denied.4 However, 

if NHTSA finds that a petition does not 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66159 

5 Ibid. 

6 49 CFR 555.7(d). 

7 49 CFR 555.7(e). 

8 Ibid. 

contain some of types of the information 

required by part 555, it so informs the 

applicant, pointing out the areas of 

insufficiency and stating that the 

petition will not receive further 

consideration until the required 

information is submitted.5 If the 

petitioner submits sufficient additional 

information and analysis to eliminate 

the ‘‘areas of insufficiency,’’ the Agency 

publishes the notice requesting public 

comment. 

If, after considering the petition and 

the public comments, NHTSA 

determines that the petition does not 

contain ‘‘adequate justification,’’ the 

Administrator denies it and notifies the 

petitioner in writing.6 The 

Administrator also publishes in the 

Federal Register a notice of the denial 

and the reasons for it. Alternatively, if 

the Administrator determines that the 

petition contains adequate justification, 

the Administrator grants it, and notifies 

the petitioner in writing.7 The 

Administrator also publishes in the 

Federal Register a notice of the grant 

and the reasons for it.8

II. Discussion of the Final Rule 

This document amends NHTSA’s 

regulation on temporary exemption 

from Federal motor vehicle safety 

standards (FMVSS) and bumper 

standards to expedite the publishing of 

notices soliciting public comment on 

exemption petitions. It does so by 

eliminating the provision calling for the 

Agency to determine that a petition is 

complete before publishing a notice 

soliciting public comments on the 

petition. Especially in the context of 

complex petitions, the difficulty in 

neatly separating ‘‘areas of 

insufficiency’’ from failures to provide 

‘‘adequate justification’’ leads to delays 

in processing petitions. Further, while 

areas of insufficiency would be 

considered in deciding whether to grant 

or deny petitions, the Vehicle Safety Act 

does not require that determinations of 

insufficiency be made by the Agency 

before publishing notices of receipt. As 

amended, the regulation continues to 

provide that the Agency will, as it does 

now, determine whether a petition 

contains adequate justification in 

deciding whether to grant or deny the 

petition. 

III. Rulemaking Requirements 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

This rulemaking has been determined 

to be not significant for purposes of 

Executive Order 12866. 

B. Executive Order 13771 (Reducing 

Regulation and Controlling Regulatory 

Costs) 

Executive Order 13771 titled 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ directs that, unless 

prohibited by law, whenever an 

executive department or agency 

publicly proposes for notice and 

comment or otherwise promulgates a 

new regulation, it shall identify at least 

two existing regulations to be repealed. 

In addition, any new incremental costs 

associated with new regulations shall, to 

the extent permitted by law, be offset by 

the elimination of existing costs. Only 

those rules deemed significant under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ are 

subject to these requirements. 

This rule is not an Executive Order 

13771 regulatory action because this 

rule is not significant under Executive 

Order 12866. 

C. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), whenever 

an agency is required by 5 U.S.C. 553 (or 

any other law) to publish a notice of 

proposed rulemaking (NPRM), the 

agency must prepare and make available 

for public comment an Initial 

Regulatory Flexibility Analysis, unless 

the agency certifies under 5 U.S.C. 

605(b) that the proposed rule, if 

implemented, will not have a significant 

economic impact on a substantial 

number of small entities. 5 U.S.C. 603, 

605. 

As noted above, NHTSA is not 

required to publish an NPRM in this 

rulemaking. Further, the change made 

by this final rule will not have not result 

in a significant economic impact on a 

substantial number of small entities. 

D. Executive Order 13132 (Federalism) 

NHTSA has analyzed this 

immediately adopted final rule under 

the principles and criteria of Executive 

Order 13132, ‘‘Federalism.’’ The Agency 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

E. Congressional Review Act 

This rule is not a ‘‘rule’’ as defined in 

5 U.S.C. 804(3), because it falls within 

the exclusion of ‘‘any rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties.’’ 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of $155 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate; therefore, the requirements 

of Title II of the Act do not apply. 

G. National Technology Transfer and 

Advancement Act 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) are not applicable because this 

rulemaking does not contain provisions 

involving the use of technical standards. 

Good Cause for Immediate Adoption 

Section 553(b)(3)(A) of the 

Administrative Procedure Act (APA) (5 

U.S.C.) authorizes agencies to dispense 

with notice and comment procedures 

for rules of agency organization, 

procedure, or practice, except when 

notice or hearing is required by statute. 

Under this section, an agency may issue 

a final rule without seeking comment 

prior to the rulemaking. 

Additionally, section 553(b)(3)(B) of 

the APA authorizes agencies to dispense 

with notice and comment procedures 

for rules when the agency for ‘‘good 

cause’’ finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under this 

section, an agency, upon finding good 

cause, may issue a final rule without 

seeking comment prior to the 

rulemaking. 

NHTSA finds that notice and public 

comment to this immediately adopted 

final rule are unnecessary because this 

rule meets the exception of section 

553(b)(3)(A). The sole purpose of this 

rule is to eliminate the provision calling 

for the Agency to determine that a 

petition is complete before the Agency 

publishes a notice summarizing the 

petition and soliciting public comments 


amozie on DSK3GDR082PROD with RULES
66160 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

on it. This rule does not impose any 

additional requirements on exemption 

applicants or the public. Therefore, 

NHTSA has determined that notice and 

public comment are unnecessary. 

In consideration of the foregoing, 

NHTSA amends 49 CFR chapter V as 

follows: 

List of Subjects in 49 CFR Part 555 

Motor vehicle safety, Motor vehicles. 

PART 555—TEMPORARY EXEMPTION 

FROM MOTOR VEHICLE SAFETY AND 

BUMPER STANDARDS 

■ 1. The authority citation for part 555 

continues to read as follows: 

Authority: 49 U.S.C. 30113, 32502, Pub. L. 

105–277; delegation of authority at 49 CFR 

1.50. 

■ 2. Paragraph (a) of § 555.7 is revised 

to read as follows: 

§ 555.7 Processing of applications. 

(a) The agency publishes a notice of 

the application in the Federal Register, 

affording opportunity for comment. 

* * * * * 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Heidi Renate King, 

Deputy Administrator. 

[FR Doc. 2018–27795 Filed 12–21–18; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 151215999–6960–02] 

RIN 0648–XG691 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2018 

River Herring and Shad Catch Cap 

Reached for Midwater Trawl Vessels in 

the Cape Cod Catch Cap Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is reducing the 

Atlantic herring possession limit for 

vessels fishing with midwater trawl gear 

in the Cape Cod Catch Cap Closure 

Area, based on a projection that the 

prescribed catch cap for that area has 

been reached. This action is necessary 

to comply with the regulations 

implementing the Atlantic Herring 

Fishery Management Plan and is 

intended to limit the harvest of river 

herring and shad in the Cape Cod Catch 

Cap Area. 

DATES: Effective 00:01 hr local time, 

December 21, 2018, through December 

31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Luers, Fishery Management 

Specialist, (978) 282–8457. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

herring fishery can be found at 50 CFR 

part 648, including requirements for 

setting annual catch cap allocations for 

river herring and shad. NMFS set the 

2018 catch cap in the Cape Cod Catch 

Cap Area at 32.4 mt. NMFS established 

this value in the 2016 through 2018 

herring specifications (81 FR 75731, 

November 1, 2016). 

The NMFS Administrator of the 

Greater Atlantic Region (Regional 

Administrator) monitors the herring 

fishery in each of the catch cap areas 

based on vessel and dealer reports, state 

data, and other available information. 

The regulations at § 648.201 require that 

when the Regional Administrator 

projects that river herring and shad 

catch will reach 95 percent of a catch 

cap for vessels fishing with a specific 

gear type in a specified catch cap area, 

NMFS must prohibit, through 

notification in the Federal Register, 

vessels fishing with that gear type from 

fishing for, catching, possessing, 

transferring, receiving, or landing more 

than 2,000 lb (907.2 kg) of herring per 

trip or calendar day in or from that 

specified catch cap closure area for the 

remainder of the fishing year. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that herring 

midwater trawl vessels will have caught 

95 percent of the river herring and shad 

catch cap allocated to that gear type in 

the Cape Cod Catch Cap Area by 

December 21, 2018. Therefore, effective 

00:01 hr local time, December 21, 2018, 

through December 31, 2018, vessels 

fishing with midwater trawl gear may 

not fish for, catch, possess, transfer, or 

land more than 2,000 lb (907.2 kg) of 

herring per trip or calendar day, in or 

from the Cape Cod Catch Cap Closure 

Area. Midwater trawl vessels that have 

entered port before 00:01 hr local time, 

December 21, 2018, may land and sell 

more than 2,000 lb (907.2 kg) of herring 

from the Cape Cod Catch Cap Closure 

Area from that trip. Midwater trawl 

vessels may transit through the Cape 

Cod Catch Cap Closure Area with more 

than 2,000 lb (907.2 kg) of herring on 

board, provided all herring in excess of 

2,000 lb (907.2 kg) was caught outside 

of this area and all fishing gear is 

stowed and not available for immediate 

use as defined by 50 CFR 648.2. 

This action also prohibits federally 

permitted dealers from purchasing 

herring from federally permitted herring 

vessels that used midwater trawl gear to 

harvest more than 2,000 lb (907.2 kg) of 

herring from the Cape Cod Catch Cap 

Closure Area through 24:00 hr local 

time, December 31, 2018, unless the 

vessel enters port before 00:01 local 

time on December 21, 2018. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(B) to waive prior notice 

and the opportunity for public comment 

because it would be contrary to the 

public interest and impracticable. 

Further, in accordance with 5 U.S.C. 

553(d)(3), NMFS finds good cause to 

waive the 30-day delayed effectiveness. 

NMFS is required by Federal regulation 

to immediately put in place a 2,000-lb 

(907.2-kg) herring trip limit for Cape 

Cod Catch Cap Closure Area through 

December 31, 2018. This action restricts 

the catch of herring in the Cape Cod 

Catch Cap Closure Area for the 

remainder of the fishing year. Once data 

become available projecting 95 percent 

of the river herring/shad quota will be 

caught, regulations at § 648.201(a)(4)(ii) 

require NMFS to implement a 2,000-lb 

(907.2-kg) herring trip and calendar day 

possession limit to ensure that herring 

vessels fishing with midwater trawl gear 

do not exceed the quota allocated to that 

gear type in the Cape Cod Catch Cap 

Area. Federally permitted dealers are 

also prohibited from purchasing herring 

from vessels that used midwater trawl 

gear to harvest more than 2,000 lb (907.2 

kg) of herring from the Cape Cod Catch 

Cap Closure Area. High-volume catch 

and landings in this fishery increase 

catch totals relative to catch caps 

quickly. If implementation of this 

closure is delayed to solicit prior public 

comment, the midwater trawl catch cap 

for the Cape Cod Catch Cap Closure 

Area for this fishing year will likely be 

exceeded, thereby undermining the 

conservation objectives of the Atlantic 

Herring Fishery Management Plan. The 

public expects these actions to occur in 

a timely way consistent with the fishery 

management plan’s objectives. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 19, 2018. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–27845 Filed 12–19–18; 4:15 pm] 

BILLING CODE 3510–22–P 


amozie on DSK3GDR082PROD with RULES