Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 19835 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 85a 

[Docket No. CDC–2014–0001; NIOSH–271] 

RIN 0920–AA51 

Occupational Safety and Health 

Investigations of Places of 

Employment 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice confirming effective date 

of direct final rule. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH) in the Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) is publishing this notice 

to confirm the effective date of the 

direct final rule, published on January 

16, 2014 (79 FR 2789). 

DATES: The direct final rule published at 

79 FR 2789, January 16, 2014, will 

become effective on April 16, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Schnorr Ph.D., Director NIOSH 

Division of Surveillance, Hazard 

Evaluations and Field Studies 

(DSHEFS); 4676 Columbia Parkway, 

Cincinnati, OH 45226; 513–841–4428 

(this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: On 

January 16, 2014, HHS published a 

direct final rule (DFR) to make minor 

technical amendments to the regulatory 

text in 42 CFR Part 85a (79 FR 2789). On 

the same date, HHS simultaneously 

published a companion notice of 

proposed rulemaking (NPRM) that 

proposed identical amendments. In the 

preambles to both documents, HHS 

indicated that if no significant adverse 

comments on the DFR were received by 

March 17, 2014, the agency would 

publish a document in the Federal 

Register withdrawing the NPRM and 

confirming the effective date of the DFR 

within 30 days of the conclusion of the 

comment period. HHS received one 

public comment that was not a 

significant adverse comment, but rather 

was in support of the companion 

NPRM. Because HHS did not receive 

any significant adverse comments to the 

NPRM within the specified comment 

period, we have published a notice to 

withdraw the NPRM [INSERT 

CITATION FOR NOTICE TO 

WITHDRAWAL NPRM]. Therefore, 

consistent with the DFR, the technical 

amendments to 42 CFR Part 85a will 

become effective on April 16, 2014. 

Dated: April 3, 2014. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2014–07988 Filed 4–9–14; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 390 

Rescission of Certain Emergency 

Exemptions 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of rescission. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA), after 

consultation with representatives of the 

governors of the affected States, rescinds 

certain covered emergency exemptions. 

The exemptions originally took effect 

automatically upon declaration of an 

emergency by various governors or 

FMCSA, and were extended by FMCSA 

after consultation with representatives 

of the governors. The President signed 

the ‘‘Home Heating Emergency 

Assistance Through Transportation Act 

of 2014’’ (HHEATT Act, or ‘‘the Act’’) 

on March 21, 2014. The Act extends 

until May 31, 2014, all ‘‘covered 

emergency exemptions’’ created 

between February 5, 2014, and March 

21, 2014, to provide regulatory relief to 

commercial motor vehicle operators 

directly supporting the delivery of 

propane and other home heating fuels. 

In accordance with the Act, FMCSA has 

consulted with representatives of each 

of the governors to determine whether 

emergency circumstances still exist and 

has determined that certain covered 

emergency exemptions created under 

the HHEATT Act are no longer 

necessary and should be rescinded. 

DATES: This decision is effective April 

10, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief, FMCSA Driver 

and Carrier Operations Division; Office 

of Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 21, 2014, the President 

signed the HHEATT Act. The Act 

extends until May 31, 2014, all ‘‘covered 

emergency exemptions’’ issued (or 

extended) by the Federal Motor Carrier 

Safety Administration (FMCSA) under 

49 CFR 390.23 or 390.25 between 

February 5, 2014, and March 21, 2014, 

to provide regulatory relief to 

commercial motor vehicle operators 

directly supporting the delivery of 

propane and other home heating fuels 

‘‘. . . unless the Secretary of 

Transportation, after consultation with 

the Governors of the affected States, 

determines that the emergency for 

which the exemption was provided 

ends before that date’’ [Section 2(a)]. 

The HHEATT Act revived or extended 

the Agency’s emergency exemptions for 

36 States and the District of Columbia. 

FMCSA has contacted the chief 

executives of these jurisdictions, or their 

designees, to inquire whether critical 

shortages of propane and other home 

heating fuels still persist, or whether the 

exemptions may no longer be needed. 

Thirty States plus DC have replied 

that they are no longer experiencing 

shortages of propane and other home 

heating fuels. Six governors have 

indicated that fuel supplies in their 

States have not yet returned to normal 

and that they want the exemption to 

remain in effect [Illinois, Maryland, 

Minnesota, North Carolina, 

Pennsylvania and Virginia]. 

In accordance with Section 2(a) of the 

HHEATT Act, FMCSA rescinds, 

effective immediately, the emergency 

declarations or extensions issued 

between February 5, 2014, and March 

21, 2014, for the following States and 

DC, which have reported that the 

exemptions are no longer needed: 

Alabama 

Arkansas 

Connecticut 

Delaware 

District of Columbia 

Florida 

Georgia 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Massachusetts 

Michigan 

Mississippi 

Missouri 

Nebraska 

New Hampshire 

New Jersey 

New York 

North Dakota 

Ohio 

Oklahoma 

Rhode Island 

South Carolina 

South Dakota 

Tennessee 

Vermont 

West Virginia 


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