Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63057 

1Although the Act states that residential heating 

fuel ‘‘includes’’ heating oil, natural gas, and 

propane, FMCSA believes that list was intended to 

be exclusive, despite the use of the vague term 

‘‘includes.’’ The rules of statutory interpretation 

Continued 

List of Subjects in 48 CFR Parts 501, 

514, and 552 

Government procurement. 

Dated: October 16, 2014. 

Jeffrey A. Koses, 

Senior Procurement Executive, Director, 

Office of Acquisition Policy, Office of 

Governmentwide Policy. 

Therefore, GSA amends 48 CFR parts 

501, 514, and 552 as set forth below: 

PART 501—GENERAL SERVICES 

ADMINISTRATION ACQUISITION 

REGULATION SYSTEM 

■ 1. The authority citation for 48 CFR 

part 501 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

501.106 [Amended] 

■ 2. Amend section 501.106 in the table, 

by removing, GSAR references 

‘‘514.201–7(a)’’ and ‘‘552.214–71’’ and 

their corresponding OMB Control 

Number ‘‘3090–0200’’. 

PART 514—SEALED BIDDING 

■ 3. Revise the authority citation for 48 

CFR part 514 to read as follows: 

Authority: 40 U.S.C. 121(c). 

514.201–7 [Removed and Reserved] 

■ 4. Remove and reserve section 

514.201–7. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

552.214–71 [Removed and Reserved] 

■ 6. Remove and reserve section 

552.214–71. 

[FR Doc. 2014–25158 Filed 10–21–14; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 390 

[Docket No. FMCSA–2014—0355] 

RIN 2126–AB77 

Amendment to Emergency Relief 

Exemptions Pursuant to the Reliable 

Home Heating (RHH) Act 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA adopts, as final, 

certain amendments to the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) required by the Reliable 

Home Heating (RHH) Act. Currently, the 

FMCSRs include a provision which 

enables motor carriers providing direct 

assistance in responding to an 

emergency declared by a governor to do 

so without having to comply with 

certain Federal safety regulations. 

However, the duration of the relief is 

limited to 30 days unless FMCSA 

extends the exemption. This final rule 

amends the emergency relief provision 

in the FMCSRs so that the safety 

requirements in 49 CFR parts 390–399 

will not apply if a Governor: Declares a 

state of emergency caused by a shortage 

of residential heating fuel; determines at 

the end of the 30-day exemption period 

currently authorized by the regulations 

that the emergency shortage has not 

ended; and extends the declaration of 

emergency for up to 2 additional 30-day 

periods. Because the rule is a nondiscretionary, ministerial action as 

required by the RHH Act, it is issued 

without prior notice and opportunity for 

comment, pursuant to the good cause 

exception in the Administrative 

Procedure Act (APA). 

DATES: Effective October 22, 2014. 

ADDRESSES: You may view material 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0355 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Follow the on-line 

instructions for viewing material. 

Docket: For access to the docket to 

read background documents or 

comments, go to www.regulations.gov at 

any time or visit Room W12–140 on the 

ground level of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., ET, 

Monday through Friday, except Federal 

holidays. The on-line Federal document 

management system is available 24 

hours each day, 365 days each year. If 

you want acknowledgment that we 

received your comments, please include 

a self-addressed, stamped envelope or 

postcard or print the acknowledgment 

page that appears after submitting 

comments on-line. 

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, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Thomas Yager, Chief of Driver and 

Carrier Operations, by telephone (202) 

366–4325 or by electronic mail at 

tom.yager@dot.gov; FMCSA, 

Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590. If you have questions on viewing 

or submitting material to the docket, 

contact Docket Services, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose and Summary of the Major 

Provisions 

This rule makes nondiscretionary 

ministerial changes to FMCSA’s 

emergency relief regulations in 49 Code 

of Federal Regulations (CFR) 390.23. 

The changes are required by Section 2(c) 

of the RHH Act, Public Law 113–125, 

128 Stat. 1388, June 30, 2014. When 

shortages of residential heating fuel 

occur, the RHH amendments extend the 

normal 30-day exemption period for up 

to 90 days, provided that the Governor 

of the affected State determines that a 

second or third 30-day period must be 

allowed to enable motor carriers to 

provide residential heating fuel 

expeditiously. 

Benefits and Costs 

The rule provisions considered both 

individually and in the aggregate do not 

rise to the level of economic 

significance. 

Legal Basis for the Rulemaking 

This rule is required by Section 2(c) 

of the Reliable Home Heating (RHH) 

Act, Public Law 113–125, 128 Stat. 

1388, June 30, 2014. 

Section 390.23(a) of title 49, CFR, 

provides that 49 CFR parts 390–399 of 

the FMCSRs shall not apply to any 

motor carrier or driver operating a 

commercial motor vehicle (CMV) to 

provide emergency relief during an 

emergency declared by certain Federal 

or State officials, including a Governor, 

subject to certain time limits. Section 

390.23(a)(1)(ii) limits a regional 

emergency (which would include a 

State-wide emergency) to a maximum of 

30 days from the date of the initial 

declaration of the emergency. 

Section 2(b) of the RHH Act provides 

that, if a Governor (1) declares a state of 

emergency caused by a shortage of 

residential heating fuel,1 (2) determines 


tkelley on DSK3SPTVN1PROD with RULES
63058 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 

generally treat a list of specific items as evidence 

of legislative intent to exclude other items 

[expressio unius est exclusio alterius]. Section 

390.23(a)(1)(ii) has been amended accordingly. 

at the end of the 30-day exemption 

period authorized by section 

390.23(a)(1)(ii) that the emergency 

shortage has not ended, and (3) extends 

the declaration of emergency for up to 

2 additional 30-day periods, FMCSA 

shall not apply parts 390–399 of the 

FMCSRs to a motor carrier or driver 

operating a CMV to provide residential 

heating fuel in the geographic area 

designated by the emergency 

declaration for those 2 additional 

periods. 

Section 2(c) of the RHH Act requires 

FMCSA to amend section 

390.23(a)(1)(ii) to conform to the 

provisions of section 2(b). This rule 

adopts the required conforming 

amendment. 

Because the RHH Act leaves FMCSA 

no discretion in the promulgation of this 

amendment, the Agency finds good 

cause under the APA [5 U.S.C. 553(b)] 

to publish this final rule without prior 

notice and opportunity for comment. 

Comments are unnecessary since they 

could not change the amendment 

required by the RHH Act. For the same 

reason, FMCSA finds good cause to 

make this rule effective upon 

publication in the Federal Register, as 

authorized by 5 U.S.C. 553(d)(3). 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review and DOT 

Regulatory Policies and Procedures as 

Supplemented by E.O. 13563) 

FMCSA has determined this final rule 

is not a significant regulatory action 

within the meaning of Executive Order 

(E.O.) 12866, as supplemented by E.O. 

13563 (76 FR 3821, January 21, 2011), 

and is also not significant within the 

meaning of DOT regulatory policies and 

procedures (44 FR 11034, February 26, 

1979). As explained above, this final 

rule promulgates nondiscretionary 

statutory requirements. The cost of these 

changes will not exceed the $100 

million annual threshold. Any costs 

associated with this action are 

attributable to the non-discretionary 

statutory provisions. This final rule is 

not expected to generate substantial 

congressional or public interest. 

Therefore, a regulatory impact analysis 

has not been conducted nor has there 

been a review by the Office of 

Management and Budget (OMB). 

Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (RFA) of 1980 (5 U.S.C. 601 et seq.), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Pub. L. 104–121, 110 Stat. 857), 

FMCSA is not required to prepare a 

regulatory flexibility analysis under 5 

U.S.C. 604(a) for this final rule because 

the Agency has not issued a notice of 

proposed rulemaking prior to this 

action. 

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 rule so that they can 

better evaluate its effects on themselves 

and participate in the rulemaking 

initiative. If the rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

the FMCSA point of contact, Thomas 

Yager, listed in the FOR FURTHER

INFORMATION CONTACT section of this 

rule. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the SBA’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 ensuring the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

Unfunded Mandates Reform Act of 1995 

This final rule will not impose an 

unfunded Federal mandate, as defined 

by the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1532 et seq.), that will 

result in the expenditure by a State, 

local, or tribal governments, in the 

aggregate, or by the private sector of 

$151 million (which is the value of $100 

million in 2013 after adjusting for 

inflation) or more in any one year. 

E.O. 13132 (Federalism) 

A rule has implications for 

Federalism under Executive Order 

13132, Federalism, if it has a substantial 

direct effect on State or local 

governments and would either preempt 

State law or impose a substantial direct 

cost of compliance on them. This action 

has been analyzed in accordance with 

E.O. 13132. FMCSA has determined that 

this rule would not have a substantial 

direct effect on States, nor would it limit 

the policymaking discretion of States. 

Nothing in this document preempts any 

State law or regulation. 

E.O. 12988 (Civil Justice Reform) 

This final rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

E.O. 12988 to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

E.O. 13045 (Protection of Children) 

E.O. 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks (62 FR 19885, Apr. 23, 

1997), requires agencies issuing 

‘‘economically significant’’ rules, if the 

regulation also concerns an 

environmental health or safety risk that 

an agency has reason to believe may 

disproportionately affect children, to 

include an evaluation of the regulation’s 

environmental health and safety effects 

on children. The Agency determined 

this final rule is not economically 

significant. Therefore, no analysis of the 

impacts on children is required. In any 

event, the Agency does not believe that 

this action could create an 

environmental or safety risk that would 

disproportionately affect children. 

E.O. 12630 (Taking of Private Property) 

FMCSA reviewed this final rule in 

accordance with E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights, and has determined it will not 

effect a taking of private property or 

otherwise have takings implications. 

Privacy Impact Assessment 

Section 522 of title I of division H of 

the Consolidated Appropriations Act, 

2005, enacted December 8, 2004 (Pub. L. 

108–447, 118 Stat. 2809, 3268, 5 U.S.C. 

552a note), requires the Agency to 

conduct a privacy impact assessment 

(PIA) of a regulation that will affect the 

privacy of individuals. This rule does 

not require the collection of personally 

identifiable information (PII). 

The Privacy Act (5 U.S.C. 552a) 

applies only to Federal agencies and any 

non-Federal agency which receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. That provision is not 

applicable to this rule. 

E.O. 12372 (Intergovernmental Review) 

The regulations implementing E.O. 

12372 regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this program. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63059 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. This rule 

requires no information collection. 

National Environmental Policy Act and 

Clean Air Act 

FMCSA analyzed this rule in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321, et seq.) and 

FMCSA’s NEPA Implementing 

Procedures and Policy for Considering 

Environmental Impacts, Order 5610.1 

(FMCSA Order), March 1, 2004 (69 FR 

9680). FMCSA’s Order states that 

‘‘[w]here FMCSA has no discretion to 

withhold or condition an action if the 

action is taken in accordance with 

specific statutory criteria and FMCSA 

lacks control and responsibility over the 

effects of an action, that action is not 

subject to this Order.’’ Id. at chapter 

1(D). Because the RHH Act requires the 

action taken here, FMCSA has no 

jurisdiction or control over, or 

responsibility for, the effects of this 

action, and the rulemaking falls under 

chapter 1(D). Therefore, no further 

analysis is considered. 

In addition to the NEPA requirements 

to examine impacts on air quality, the 

Clean Air Act (CAA) as amended (42 

U.S.C. 7401, et seq.) also requires 

FMCSA to analyze the potential impact 

of its actions on air quality and to 

ensure that FMCSA actions conform to 

State and local air quality 

implementation plans. This nondiscretionary action is expected to fall 

within the CAA de minimis standards 

and is not subject to the Environmental 

Protection Agency’s General Conformity 

Rule (40 CFR parts 51 and 93). 

Additionally, FMCSA evaluated the 

effects of this final rule in accordance 

with Executive Order 12898 and 

determined that there are no 

environmental justice issues associated 

with its provisions nor any collective 

environmental impacts resulting from 

its promulgation. Environmental justice 

issues would be raised if there were a 

‘‘disproportionate’’ and ‘‘high and 

adverse impact’’ on minority or lowincome populations. This final rule is 

exempt from analysis under the 

National Environmental Policy Act. 

This final rule simply makes 

ministerial, mandatory changes and 

would not result in high and adverse 

environmental impacts. 

E.O. 13211 (Energy Supply, Distribution, 

or Use) 

FMCSA analyzed this action under 

E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

FMCSA determined that it is not a 

‘‘significant energy action’’ under that 

E.O. because it is not economically 

significant and is not likely to have an 

adverse effect on the supply, 

distribution, or use of energy. 

E.O. 13175 (Indian Tribal Governments) 

This final rule 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. 

National Technology Transfer and 

Advancement Act (Technical 

Standards) 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through OMB, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) are 

standards that are developed or adopted 

by voluntary consensus standards 

bodies. This final rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

List of Subjects in 49 CFR Part 390 

Highway safety, Intermodal 

transportation, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 

FMCSA amends 49 CFR part 390 as 

follows: 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

■ 1. The authority citation for part 390 

is revised to read as follows: 

Authority: 49 U.S.C. 504, 508, 31132, 

31133, 31136, 31144, 31151, 31502; sec. 114, 

Pub. L. 103–311, 108 Stat. 1673, 1677–1678; 

sections 212, 217, 229, Pub. L. 106–159, 113 

Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106– 

159 (as transferred by sec. 4114 and amended 

by sections 4130–4132, Pub. L. 109–59, 119 

Stat. 1144, 1726, 1743–1744); sec. 4136, Pub. 

L. 109–59, 119 Stat 1144, 1745; sections 

32101(d) and 34934, Pub. L. 112–141, 126 

Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 

128 Stat. 1388; and 49 CFR 1.87. 

■ 2. Amend § 390.23 by revising 

paragraph (a)(1)(ii) to read as follows: 

§ 390.23 Relief from regulations. 

(a) * * * 

(1) * * * 

(ii)(A) Except as provided in 

paragraph (a)(1)(ii)(B) of this section and 

§ 390.25, the exemption shall not exceed 

the duration of the motor carrier’s or 

driver’s direct assistance in providing 

emergency relief, or 30 days from the 

date of the initial declaration of the 

emergency or the exemption from the 

regulations by the FMCSA Field 

Administrator, whichever is less. 

(B) If a Governor who declares an 

emergency caused by a shortage of 

residential heating fuel (namely heating 

oil, natural gas, and propane), 

subsequently determines at the end of 

the 30-day period immediately 

following the declaration that the 

emergency shortage has not ended, and 

extends the declaration of an emergency 

for up to 2 additional 30-day periods, 

this exemption shall remain in effect up 

to the end of such additional periods, 

not to exceed 60 additional days, for a 

motor carrier or driver providing 

residential heating fuel in the 

geographic area designated by the 

Governor’s declaration of emergency. 

* * * * * 

Issued under the authority delegated in 49 

CFR 1.87: October 14, 2014. 

T.F. Scott Darling, III 

Acting Administrator. 

[FR Doc. 2014–25127 Filed 10–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD566 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by Trawl 

Catcher Vessels in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


tkelley on DSK3SPTVN1PROD with RULES