        DEPARTMENT OF JUSTICE
        Bureau of Prisons
        28 CFR Part 550
        [Docket No. BOP-1139-P]
        RIN 1120-AB41
        Drug Abuse Treatment Program: Eligibility of D.C. Code Offenders for Early Release Consideration

          AGENCY:
          Bureau of Prisons, Justice.

          ACTION:
          Proposed rule.

          SUMMARY:
          In this document, the Bureau of Prisons (Bureau) proposes to extend early release consideration to D.C. Code offenders pursuant to D.C. Code § 24-403.01.

          DATES:
          Comments due by January 2, 2007.

          FOR FURTHER INFORMATION CONTACT:

          Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 307-2105, e-mail BOPRULES@BOP.GOV.

        SUPPLEMENTARY INFORMATION:
        On July 1, 2004 (69 FR 39887), we published a proposed rule revising all the regulations on the Drug Abuse Treatment Program in 28 CFR part 550, subpart F (2004 proposed rule). We now propose to revise 28 CFR 550.55(a) of the 2004 proposed rule to extend early release consideration to D.C. Code offenders pursuant to D.C. Code § 24-403.01.
        The 2004 proposed rule, § 550.55(a), stated that inmates may be eligible for early release by a period not to exceed 12 months if they were sentenced to a term of imprisonment under 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense and successfully complete a residential drug abuse treatment program, as described in § 550.53, during their current commitment.

        We now propose to modify § 550.55(a) from the 2004 proposed rule to state that inmates may be eligible for early release by a period not to exceed 12 months if they were sentenced to a term of imprisonment under either 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those in D.C. Code § 23-1331(4). There has been no change to the provision in the 2004 rule stating that in addition to the above criteria, inmates must successfully complete a residential drug abuse treatment program, as described in § 550.53, during their current commitment.
        Statutory Authority
        The Residential Drug Abuse Program (RDAP) is available to all eligible inmates pursuant to Title 18 U.S.C. 3621(b) and (e). Section 3621(b) generally obligates the Bureau to provide “substance abuse treatment for each prisoner the Bureau determines has a treatable condition of addiction or abuse.” Section 3621(e)(1) states that the Bureau “shall, subject to the availability of appropriations, provide residential substance abuse treatment * * * for all eligible prisoners.”
        Further, under § 3621(e)(2)(B), the period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.
        Early Release Regulation

        In 1995, the Bureau published a regulation to implement the early release incentive which defined the term “crime of violence” and provided a framework for Bureau employees to make early release determinations. See 60 FR 27692 (May 25, 1995) (previously codified at 28 CFR 550.58). Instructive policy was issued in Program Statement 5162.02, Definition of Term, “Crimes of Violence.” In the regulation and policy, the Bureau defined the term “crime of violence” pursuant to 18 U.S.C. 924(c)(3). Subsequently, there was a split among Circuit Courts regarding the validity of this approach. The split prompted the Bureau to revise the regulation in 1997 to explicitly rely upon the discretion allotted to the Director of the Bureau to grant a sentence reduction. See 62 FR 53690 (Oct. 15, 1997) (codified at 28 CFR 550.58(a), currently in 550.55). The revised regulation was designed to achieve consistent administration of the early release incentive and to clearly demonstrate that the Bureau now relied upon the discretion of the Director to determine eligibility for certain program benefits.

        The revised regulation and policy resulted in another split among the Circuit Courts which was resolved by the Supreme Court's decision in Lopez v. Davis, 531 U.S. 230 (2001). In Lopez, the Supreme Court held that the revised regulation found at 28 CFR 550.58 (currently in § 550.55) is a permissible exercise of the Bureau's discretion under § 3621(e)(2)(B) for assessing program benefit eligibility.
        D.C. Code Offenders—Eligibility for Early Release
        The Bureau initially codified its rules regarding its Drug Abuse Treatment Programs on January 7, 1994. Subsequently, on May 25, 1995, the Bureau amended its rules on Drug Abuse Treatment Programs to allow for the consideration of early release of eligible inmates who successfully completed the RDAP. Excluded from this category of eligible inmates were inmates in Bureau custody not serving a sentence for a federal offense (e.g., D.C. Code offenders, contractual borders, INS detainees, and pretrial inmates).
        However, D.C. Code § 24-403.01(d-1), amended on May 24, 2005, states that D.C. Code offenders sentenced under D.C. Code § 24-403.01 for a nonviolent offense are eligible for early release consideration in accordance with 18 U.S.C. 3621(e)(2). Accordingly, the Director now extends early release eligibility pursuant to 18 U.S.C. 3621(e)(2) to D.C. Code offenders for successful completion of the RDAP.
        Eligibility for early release for D.C. Code offenders participating in the Residential Drug Abuse Program (RDAP) requires a determination that the inmate has not committed a crime of violence as defined by D.C. Code § 23-1331(4).

        The National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997, (Pub. L. 105-33; 111 Stat. 740) (“Revitalization Act”) dictates that D.C. Code felony offenders “shall be subject to any law or regulation applicable to persons committed for violations of laws of the United States consistent with the sentence imposed, and the Bureau of Prisons shall be responsible for the custody, care, subsistence, education, treatment and training of such persons.” D.C. Code § 24-101(b). Therefore, as with federal offenders, it is also within the Director's discretion, as provided by 18 U.S.C. 3621(e), to determine D.C. Code offenders' eligibility for early release according to the same criteria used for federal offenders. This criteria, which appears in current § 550.58, gives the following list of inmates not eligible for early release:
        (1) Immigration and Customs Enforcement detainees;
        (2) Pretrial inmates;
        (3) Contractual boarders (for example, State, or military inmates);
        (4) Inmates who have a prior felony or misdemeanor conviction for:
        (i) homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide),
        (ii) forcible rape,
        (iii) robbery,
        (iv) aggravated assault,
        (v) arson,
        (vi) kidnaping; or
        (vii) an offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
        (5) Inmates who have a current felony conviction for:
        (i) an offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another,
        (ii) an offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device),
        (iii) an offense that by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or
        (iv) an offense that by its nature or conduct involves sexual abuse offenses committed upon minors;
        (6) Inmates who have been convicted of an attempt, conspiracy, or other offense which involved an underlying offense to commit any offense listed in paragraph (4) and/or (5); or
        (7) Inmates who previously received an early release under 18 U.S.C. 3621(e).
        Title 18 U.S.C. 3621(e)(2)(B) establishes two prerequisites for early release consideration:
        (1) Conviction of a nonviolent offense and
        (2) successful completion of drug treatment. If those prerequisites are met, the Bureau may grant early release.

        Thus, because of the Revitalization Act, the explicit intention of the D.C. Government stated in D.C. Code § 24-403.01, the statutory language of § 3621, the Bureau's regulations, and the Bureau's clearly established use of discretion as held in Lopez, the Bureau can consider D.C. Code offenders for RDAP early release as it does for Federal offenders.
        Executive Order 12866
        This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review”, section 1(b), Principles of Regulation. The Director, Bureau of Prisons has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget.
        In particular, the Bureau has assessed the costs and benefits of this rule as required by Executive Order 12866 Section 1(b)(6) and has made a reasoned determination that the benefits of this rule justify its costs. Clarifying and streamlining this rule and eliminating unnecessary text and obsolete language will have the benefit of easier readability and improved understanding of our drug treatment programs. We strengthen the program by calculated revisions designed to allow inmates to succeed in drug treatment while avoiding expending resources unnecessarily.
        Executive Order 13132
        This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, this rule does not have sufficient federalism implications for which we would prepare a Federalism Assessment.
        Regulatory Flexibility Act
        The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By approving it, the Director certifies that it will not have a significant economic impact upon a substantial number of small entities because: This rule is about the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau's appropriated funds.
        Unfunded Mandates Reform Act of 1995
        This rule will not cause State, local and tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. We do not need to take action under the Unfunded Mandates Reform Act of 1995.
        Small Business Regulatory Enforcement Fairness Act of 1996
        This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

          List of Subjects in 28 CFR Part 550
          Prisoners.

          Harley G. Lappin,
          Director, Bureau of Prisons.

        Under the rulemaking authority vested in the Attorney General in 5 U.S.C 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, we propose to amend 28 CFR part 550 as follows.

          SUBCHAPTER C—INSTITUTIONAL MANAGEMENT

            PART 550—DRUG PROGRAMS
            1. The authority citation for part 550 continues to read as follows:

              Authority:
              5 U.S.C. 301; 18 U.S.C. 3521-3528, 3621, 3622, 3624, 4001, 4042, 4046, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 21 U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub. L. 91-452, 84 Stat. 933 (18 U.S.C. Chapter 223).

              Subpart F—Drug Abuse Treatment Program

            2. Revise § 550.55 (a)(1) as follows:

              § 550.55
              Eligibility for early release.
              (a) Eligibility. Inmates may be eligible for early release by a period not to exceed 12 months if they:
              (1) were sentenced to a term of imprisonment under either:
              (i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or
              (ii) D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those in D.C. Code § 23-1331(4); and

       [FR Doc. E6-18439 Filed 11-1-06; 8:45 am]
      BILLING CODE 4410-05-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 62
        [EPA-R03-OAR-2013-0434; FRL-9829-7]
        Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; District of Columbia; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:

          EPA is proposing to approve the Clean Air Act (CAA) section 111(d)/129 negative declaration for the District of Columbia for hospital/medical/infectious waste incinerator (HMIWI) units. This negative declaration certifies that HMIWI units subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the jurisdictional boundaries of the District Department of the Environment (DDOE). In the Final Rules section of this Federal Register, EPA is approving the negative declaration as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

          DATES:
          Comments must be received in writing by August 2, 2013.

          ADDRESSES:
          Submit your comments, identified by Docket ID Number EPA-R03-OAR-2013-0434 by one of the following methods:
          A. www.regulations.gov. Follow the on-line instructions for submitting comments.
          B. Email: cox.kathleen@epa.gov.

          C. Mail: EPA-R03-OAR-2013-0434, Kathleen Cox, Associate Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
          D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

            Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2013-0434. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

            Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the submittal are available at the District of Columbia Department of the Environment, Air Quality Division, 51 N Street NE., Fifth Floor, Washington, DC 20002.

          FOR FURTHER INFORMATION CONTACT:
          Mike Gordon, (215) 814-2039, or by email at gordon.mike@epa.gov.

        SUPPLEMENTARY INFORMATION:

        For further information regarding DDOE's negative declaration for HMIWI units, please see the information provided in the direct final action, with the same title, that is located in the “Rules and Regulations” section of this Federal Register publication.

          Dated: June 13, 2013.
          W.C. Early,
          Acting Regional Administrator, Region III.

      [FR Doc. 2013-15877 Filed 7-2-13; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF TRANSPORTATION
        Federal Motor Carrier Safety Administration
        49 CFR Part 392
        [Docket No. FMCSA-2015-0396]
        RIN 2126-AB87
        Driving of Commercial Motor Vehicles: Use of Seat Belts

          AGENCY:
          Federal Motor Carrier Safety Administration (FMCSA), DOT.

          ACTION:
          Notice of Proposed Rulemaking (NPRM), request for comments.

          SUMMARY:
          FMCSA proposes to revise the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring that passengers in property-carrying commercial motor vehicles (CMVs) use the seat belt assembly whenever the vehicles are operated on public roads. This rule would hold motor carriers and drivers responsible for ensuring that passengers riding in the CMV are also using the seat belts required by the Federal Motor Vehicle Safety Standards (FMVSSs).

          DATES:
          You may submit comments by January 25, 2016.

          ADDRESSES:
          Comments to the rulemaking docket should refer to Docket ID Number FMCSA-2015-0396 or RIN 2126-AB87 and be submitted to the Administrator, Federal Motor Carrier Safety Administration using any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov.

          • Fax: 1-202-493-2251.
          • Mail: Docket Management Facility (M-30), U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
          • Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays.

          To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

          FOR FURTHER INFORMATION CONTACT:
          Charles A. Horan, Director; Carrier, Driver, and Vehicle Safety Standards, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by telephone at (202) 366-5370FMCSA office hours are from 9 a.m. to 5 p.m., e.t. Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.

        SUPPLEMENTARY INFORMATION:

        Table of Contents

          I. Public Participation and Request for Comments
          II. Executive Summary
          III. Legal Basis for the Rulemaking
          IV. Background
          V. Discussion of the Proposed Rule
          VI. Regulatory Analyses

        I. Public Participation and Request for Comments
        FMCSA invites you to participate in this rulemaking by submitting comments and related materials.
        Submitting Comments
        If you submit a comment, please include the docket number for this rulemaking (FMCSA-2015-0396), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.
        To submit your comment online, go to http://www.regulations.gov and click on the “Submit a Comment” box, which will then become highlighted in blue. In the “Document Type” drop down menu, select “Rules,” insert “FMCSA-2015-0396” in the “Keyword” box, and click “Search.” When the new screen appears, click on “Submit a Comment” in the “Actions” column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
        FMCSA will consider all comments and material received during the comment period and may change this proposed rule based on your comments.
        Viewing Comments and Documents

        To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and click on the “Read Comments” box in the upper right hand side of the screen. Then, in the “Keyword” box insert “FMCSA-2015-0396” and click “Search.” Next, click the “Open Docket Folder” in the “Actions” column. Finally, in the “Title” column, click on the document you would like to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
        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.

        II. Executive Summary
        Purpose and Summary of the Major Provisions
        Section 393.93(b)(2)-(3) of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 393.93) requires every truck and truck tractor manufactured after the early 1970s to comply with the National Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle Safety Standard (FMVSS) 208 (49 CFR 571.208), relating to the installation of seat belt assemblies, as well as FMVSS 210, dealing with the installation of seat belt assembly anchorages, and FMVSS 207, addressing seating systems more generally. Under FMVSS 208, trucks and multipurpose passenger vehicles with a GVWR of more than 10,000 pounds manufactured on or after September 1, 1990, are allowed by S4.3.2.1 an option to comply by providing a “complete passenger protection system,” but nearly all CMV manufacturers choose the second compliance option (S4.3.2.2) and install a “belt system.” This second option requires a seat belt assembly “at each designated seating position.” In short, the FMVSS and FMCSRs require seat belts at every seating position in a CMV. In addition, 49 CFR 392.16 requires that a property-carrying CMV which has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself or herself with the seat belt assembly. FMCSA proposes to require that passengers riding in property-carrying CMVs also use their seat belts when the vehicle is operated on public roads.
        Benefits and Costs
        As indicated above, NHTSA requires vehicle manufacturers to install driver and passenger seat belts in large trucks. FMCSA already requires drivers to use their seat belts. However, the FMCSRs are silent on the use of seat belts by passengers. This NPRM would require every passenger to use a seat belt, if one was installed. The cost would be the value of the person's time necessary to buckle the safety belt, which is negligible. The benefits of this rule would be any fatalities or injuries avoided as a result of seat belt use; these benefits are discussed later.
        III. Legal Basis for the Rulemaking

        This NPRM is based on the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act). The 1935 Act (49 U.S.C. 31502), authorizes FMCSA to prescribe requirements for the safety of operation and equipment standards of for-hire and private motor carriers. This NPRM is directly related to safe motor carrier operations. The 1984 Act (49 U.S.C. 31136) required FMCSA to adopt regulations to ensure, among other things, that “commercial motor vehicles are maintained, equipped, loaded, and operated safely” (§ 31136(a)(1)). This proposal would increase the safety, not only of passengers, but also of CMV drivers whose control of the vehicle would not be affected by unsecured passengers potentially thrown about the cab as a result of emergency steering or braking maneuvers. A 2012 amendment to the 1984 Act requires FMCSA to ensure that CMV drivers are not coerced to violate certain provisions of the FMCSRs (§ 31136(a)(5)). Given the obvious value of this proposal, and the ease of compliance, the Agency believes that no one will be coerced not to wear a seat belt. It should be noted that the 1985 Act also authorizes FMCSA to “perform any other acts [the Agency] considers appropriate” (49 U.S.C. 31133(a)(1)), which clearly covers this common sense NPRM.
        IV. Background

        This rulemaking responds to a petition submitted by the Commercial Vehicle Safety Alliance (CVSA) on October 29, 2013 (available in the docket to this rulemaking). CVSA requested that FMCSA require all occupants in a property-carrying CMV to restrain themselves when it is being driven. The petition referred to data available from the Agency's Report to Congress on the Large Truck Crash Causation Study (available at http://www.fmcsa.dot.gov/research-and-analysis/research/large-truck-crash-causation-study).
        V. Discussion of the Proposed Rule
        Under this proposal the requirements of 49 CFR 392.16 would be revised to include requirements for seat belt usage by passengers in property-carrying CMVs. FMCSA proposes to revise the FMCSRs to prohibit the driving of a property-carrying CMV unless the driver and all other occupants have fastened their seat belts, if the vehicle is equipped with such belts.
        Today's proposal responds to CVSA's petition, but has slightly modified some of the petitioner's requests. FMCSA has used the word “occupant” in addition to “passenger” to make clear that the regulation would apply to any person in the property-carrying CMV. “Occupants” would include instructors, evaluators, or any other personnel who might be seated in a property-carrying CMV, regardless of their status. FMCSA also proposes this requirement be applicable only if there is a seat belt assembly installed in the property-carrying CMV.
        FMCSA recognizes that section 392.60 prohibits the use of a CMV to transport unauthorized passengers. Nevertheless, we believe today's rule fills an important safety gap by requiring the use of safety belts when the passenger seat is used by team drivers or other authorized individuals.
        VI. Regulatory Analyses
        A. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures

        Under E.O. 12866 (58 FR 51735, Oct. 4, 1993) and DOT policies and procedures, FMCSA must determine whether a regulatory action is “significant,” and therefore subject to OMB review and the requirements of the E.O. The Order defines “significant regulatory action” as one likely to result in a rule that may:
        (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal government or communities.
        (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency.
        (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof.
        (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the E.O.
        FMCSA has determined that this action is not a significant regulatory action within the meaning of E.O. 12866 or significant within the meaning of Department of Transportation regulatory policies and procedures. The proposals contained in this document would not result in an annual effect on the economy of $100 million or more, lead to a major increase in costs or prices, or have significant adverse effects on the United States economy.
        According to data from NHTSA's Fatality Analysis Reporting System, available in the docket for this rulemaking, in 2013, 348 non-driver occupants were in the truck at the time the vehicle was involved in a fatal crash and were wearing a lap or shoulder belt. Seventeen of those non-driver occupants were killed in the crash. Also in 2013, 122 non-driver occupants of large trucks were involved in fatal crashes and were not wearing a lap and or shoulder belt; of these, 30 were killed. Sixteen of the 30 were totally or partially ejected from the truck. The fatality rate was thus far lower among passengers who wore seat belts. FMCSA believes that some of these fatalities could have been prevented if this regulation had been in place.
        While all States but one have seat belt laws, failure to use a belt may be either a primary of secondary offense and may not apply to a truck passenger; furthermore, there may be differences in the weight threshold at which the law applies. Therefore, adopting a Federal rule applicable to non-driver occupants of CMVs, as defined in 49 CFR 390.5, will provide a uniform national standard. To maintain eligibility for Motor Carrier Safety Assistance Program grants, States would be required to adopt compatible seat belt rules for non-driver occupants within 3 years of FMCSA's publication of a final rule.
        Admittedly, FMCSA does not know how many trucks carry passengers, or how many of those passengers fail to use existing seat belts. However, given that the only cost of the proposal is the negligible amount of time needed for occupants to buckle their seat belts, the rule would obviously benefit motor carrier employees and passengers. Seat belts have been proven to save lives, and while the specific number of CMV-related fatalities that could be avoided is unclear, FMCSA believes motor carriers' and drivers' compliance with a final rule requiring the use of seat belts by non-driver occupants would save lives.
        The Agency believes the potential economic of this NPRM impact is positive, because it is likely that some lives will be saved at a cost that would not begin to approach the $100 million annual threshold for economic significance. Moreover, the Agency does not expect the rule to generate substantial congressional or public interest. This proposed rule therefore has not been formally reviewed by the Office of Management and Budget (OMB).
        B. Regulatory Flexibility Act
        The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 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. 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.
        Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L. 104-121, 110 Stat. 857, March 29, 1996), FMCSA does not expect the proposed rule to have a significant economic impact on a substantial number of small entities. FMCSA believes the cost is minimal and poses no disproportionate burden to small entities.
        Consequently, I certify that the proposed action will not have a significant economic impact on a substantial number of small entities. FMCSA invites comment from members of the public who believe there will be a significant impact either on small businesses or on governmental jurisdictions with a population of less than 50,000.

        Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking initiative. If the proposed 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 listed in the FOR FURTHER INFORMATION CONTACT section of the proposed rule.
        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 ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.
        C. Unfunded Mandates Reform Act of 1995

        This proposed rule would not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.), that would result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $155 million (which is the value of $100 million in 1995 after adjusting for inflation to 2014) or more in any 1 year.
        D. Executive Order 12988 (Civil Justice Reform)
        This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
        E. Executive Order 13045 (Protection of Children)

        FMCSA analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The Agency determined that this proposed rule will not create an environmental risk to health or safety that may disproportionately affect children.
        F. Executive Order 12630 (Taking of Private Property)
        FMCSA reviewed this notice of proposed rulemaking in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not affect a taking of private property or otherwise have taking implications.
        G. Executive Order 13132 (Federalism)
        A rule has Federalism implications 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 the States. FMCSA has analyzed this proposed rule under Executive Order 13132 and determined that it does not have Federalism implications.
        H. Executive Order 12372 (Intergovernmental Review)
        The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program.
        I. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments)
        This proposed rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. Paperwork Reduction Act

        Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. No new information collection requirements are associated with this NPRM.
        K. National Environmental Policy Act and Clean Air Act

        FMCSA analyzed this proposed rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined under our environmental procedures Order 5610.1 (69 FR 9680, March 1, 2004) that this action does not have any effect on the quality of the environment. Therefore, this NPRM is categorically excluded (CE) from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1, paragraph 6(bb) of Appendix 2. The CE under paragraph 6(b) addresses regulations concerning vehicle operation safety standards. A Categorical Exclusion Determination is available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES.

        FMCSA also analyzed this proposed rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants.
        L. Executive Order 12898 (Environmental Justice)
        Under E.O. 12898, each Federal agency must identify and address, as appropriate, “disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations” in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this proposed rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this proposed rule, nor is there any collective environmental impact that would result from its promulgation.
        M. Executive Order 13211 (Energy Effects)
        FMCSA has analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. FMCSA has determined that it is not a “significant energy action” under that executive order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, the rule does not require a Statement of Energy Effects under Executive Order 13211.
        N. E-Government Act of 2002
        The E-Government Act of 2002, Public Law 107-347, § 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a privacy impact assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. FMCSA has not completed an assessment of the handling of PII in connection with today's proposal because the NPRM does not involve PII.
        O. National Technology Transfer and Advancement Act
        The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because FMCSA does not intend to adopt its own technical standards, there is no need to submit a separate statement to OMB on this matter.
        P. 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 of a regulation that will affect the privacy of individuals. This rule would not require the collection of any personally identifiable information.
        The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program. This proposed rule would not result in a new or revised Privacy Act System of Records for FMCSA.

          List of Subjects in 49 CFR Part 392
          Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

          PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES

        1. The authority citation for part 392 continues to read as follows:

          Authority:
          49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103- 311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR 1.87.

        2. Revise § 392.16 to read as follows:

          § 392.16
          Use of Seat Belts.
          (a) Drivers. No driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, which has a seat belt assembly installed at the driver's seat unless the driver is properly restrained by the seat belt assembly.
          (b) Passengers. No driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, which has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies.

          Issued under the authority of delegation in 49 CFR 1.87 on: December 2, 2015.
          T.F. Scott Darling, III,
          Acting Administrator.

      [FR Doc. 2015-30864 Filed 12-9-15; 8:45 am]
      BILLING CODE 4910-EX-P


        DEPARTMENT OF TRANSPORTATION
        Pipeline and Hazardous Materials Safety Administration
        49 CFR Chapter I
        [Docket No. PHMSA-2007-27329 (HM-233A)]
        RIN 2137-AD84
        Hazardous Materials: Conversion of Special Permits into Regulations of General Applicability

          AGENCY:
          Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

          ACTION:
          Request for comments.

          SUMMARY:
          PHMSA is in the process of reviewing widely-used special permits to identify those that have proven safety records and should be converted into the Hazardous Materials Regulations (HMR) as regulations of general applicability. A special permit is an authorization issued by PHMSA that allows a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained or that, in an emergency, is necessary to protect life or property. Incorporation of special permits into the HMR is a regulatory reform effort.

          DATES:
          Written comments should be submitted on or before September 14, 2007.

          ADDRESSES:
          The U.S. Department of Transportation has relocated to a new facility located at 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. We have modified the delivery instructions below to accommodate this transition period. You may submit comments identified by the docket number (PHMSA-2007-27329 (HM-233A)) by any of the following methods:
          • Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site.
          • Fax: 1-202-493-2251.
          • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. If sent by mail, comments are to be submitted in two copies. Persons wishing to receive confirmation of receipt of their comments should include a self-addressed stamped postcard.
          • Hand Delivery: Docket Operations staff will accept deliveries at the new DOT facility in Room W12-140 on the Ground Floor of the West Building located at 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hours at the new facility will remain 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
          • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
          • Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this notice. Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://dms.dot.gov.

          • Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to the Docket Management System (see ADDRESSES).

          FOR FURTHER INFORMATION CONTACT:

          Eileen Edmonson, Office of Hazardous Materials Standards, (202) 366-8553, or Diane LaValle, Office of Hazardous Materials Special Permits and Approvals, (202) 366-4535, Pipeline and Hazardous Materials Safety Administration (PHMSA) 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, or by e-mail to: Eileen.Edmonson@dot.gov, or Diane.LaValle@dot.gov.

        SUPPLEMENTARY INFORMATION:
        The Pipeline and Hazardous Materials Safety Administration (PHMSA) (hereafter, “we” or “us”) is conducting a review to identify widely-used special permits (formerly called exemptions) with an established safety record which may be candidates for conversion into regulations of general applicability under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). A special permit allows a packaging manufacturer, shipper, or carrier to deviate from requirements in the HMR provided the special permit achieves at least an equivalent level of safety as that provided by the HMR. The procedures for issuing, modifying, and terminating special permits are prescribed under subpart B of 49 CFR part 107 (§§ 107.101-107.127).
        Special permits allow the industry to quickly implement new technologies and to evaluate new operational techniques that often enhance safety and increase productivity. Converting the provisions of special permits with an established safety record into regulations reduces paperwork burdens and facilitates commerce while maintaining an acceptable level of safety. As stated in the summary, this effort is also a regulatory reform and relief effort. The incorporation of the provisions in special permits into the HMR relieves many regulatory burdens on grantees. For example, grantees will no longer be required to maintain and provide copies of the special permits, mark packages and shipping documents with the permit number, and re-apply for authorization when a permit expires. Grantees will no longer be required to train individuals on the requirements of the special permits, but will still need to train employees on HMR compliance. Additionally, incorporation into the HMR provides wider access to the benefits of the provisions that otherwise would be accorded to a limited number of special permit grantees.
        PHMSA has a long history of incorporating well-performing special permits into the HMR safely. One of our most recent examples includes incorporating provisions for the use of specialized high-integrity packagings to transport certain poisons without requiring them to be labeled with the POISON label.
        Generally, a special permit is not a good candidate for conversion into regulations if it has not been in effect long enough to establish a clear safety record, is based on proprietary information for which the holder has requested confidential treatment, or its conversion would increase the complexity and length of the HMR for the benefit of a limited number of persons.
        In this notice, PHMSA is inviting the public to recommend special permits for inclusion into the HMR. You should provide the special permit number and a rationale for its inclusion as a regulation of general applicability. We are particularly interested in the safety history of the special permit and the benefits that would result from its incorporation into the HMR, including reduced transportation costs, increased flexibility, advancement of new technologies, and the like.
        We will review all recommendations from the public submitted in response to this notice as part of our ongoing review of outstanding special permits. After completion of this review, we will publish a notice of proposed rulemaking to propose conversion of the provisions of specific special permits into regulations of general applicability.

          Issued in Washington, DC, on July 6, 2007, under authority delegated in 49 CFR part 106.
          Theodore L. Willke,
          Associate Administrator for Hazardous Materials Safety.

       [FR Doc. E7-13579 Filed 7-13-07; 8:45 am]
      BILLING CODE 4910-60-P


        DEPARTMENT OF TRANSPORTATION
        Surface Transportation Board
        49 CFR Parts 1114, 1121, 1150, and 1180
        [STB Ex Parte No. 575 (Sub-No. 1)]
        Disclosure of Rail Interchange Commitments

          AGENCY:
          Surface Transportation Board, DOT.

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          The Surface Transportation Board is requesting comments on proposed rules to require that parties seeking to exempt, or to invoke class exemptions covering, transactions involving the sale or lease of railroad lines, identify provisions in their agreements that restrict the ability of the purchaser or tenant railroad to interchange traffic with rail carriers other than the seller or landlord railroad (interchange commitments). The proposed rules also provide a procedure whereby shippers or other affected parties may obtain access to such provisions. The Board is taking this action to facilitate the case-specific review of the reasonableness of interchange commitments and to facilitate the Board's monitoring of their usage.

          DATES:
          Opening comments may be filed by any interested member of the public by January 2, 2008. Reply comments may be filed by January 22, 2008. Since OMB is required to make a decision concerning the STB's request for approval of this information collection between 30 and 60 days after November 2, 2007, a comment to OMB is best assured of having its full effect if OMB receives it by December 3, 2007.

          ADDRESSES:

          Any comments submitted in this proceeding must refer to STB Ex Parte No. 575 (Sub-No. 1) and may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing must attach a document and otherwise comply with the instructions found on the Board's http://www.stb.dot.gov Web site, at the “E-FILING” link. Any person submitting a filing in the traditional paper format must submit an original and 10 paper copies of the filing (and also an electronic version) to: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. Because all comments will be posted to the Board's Web site, persons filing them with the Board need not serve them on other participants but must furnish a hard copy on request to any participant. Send comments to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for STB.

          FOR FURTHER INFORMATION CONTACT:
          Joseph H. Dettmar, (202) 245-0395. [Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877-8339.]

        SUPPLEMENTARY INFORMATION:

        Additional information and background on the proposed regulations, including the basis for the Board's proposed regulations, appear in the decision in Review of Rail Access and Competition Issues—Renewed Petition of the Western Coal Traffic League, STB Ex Parte No. 575, et al., which is being served on the date of publication of this notice, and is available on the Board's Web site at http://www.stb.dot.gov.

        To purchase a copy of the full decision, write to, e-mail or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20706; e-mail asapdc@verizon.net; telephone (202) 306-4004. [Assistance for the hearing impaired is available through FIRS at 1-800-877-8339.]
        The proposed collection of information in the proposed revisions to our regulations for exempting the sale or lease of railroad lines is being submitted to the OMB for review as required under the PRA, 44 U.S.C. 3507(d) and OMB regulations at 5 CFR 1320.11. Pursuant to the Paperwork Reduction Act (PRA) and Office of Management and Budget (OMB) regulations at 5 CFR 1320.8(d)(3), the Board also seeks comments regarding the collection of information that would be required in the proposed revisions to our regulations for exempting the sale or lease of railroad lines. Specifically, the Board seeks comments on: (1) Whether the collection of information proposed here is necessary for the proper performance of the functions of the Board, including whether the collection has practical utility; (2) the accuracy of the Board's burden estimates; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, when appropriate. Information pertinent to these issues is included. Pursuant to the PRA and OMB regulations, the STB is submitting a request to OMB for approval of this information collection. Submit comments on the four questions above to both the STB and OMB.
        The additional information below is included to assist those who may wish to submit comments pertinent to review under the Paperwork Reduction Act.
        Description of Collection

          Title: Contracts to be Submitted When Rail Carriers Seek Exemption to Acquire (Through Purchase or Lease) and/or Operate a Rail Line.

          OMB Control Number: 2140-XXXX.

          STB Form Number: None.

          Type of Review: New collection.

          Respondents: Noncarriers and carriers seeking an exemption to acquire (through purchase or lease) and/or operate a rail line, if the transaction creates an interchange commitment.

          Number of Respondents: 65 (potential).

          Estimated Time Per Response: Less than 15 minutes.

          Frequency: On occasion.

          Total Burden Hours (annually including all respondents): 16 hours.

          Total “Non-hour Burden” Cost: None identified.

          Needs and Uses: Under 49 U.S.C. 10502, noncarriers and carriers may seek an exemption from the prior approval requirements of sections 10901, 10902, and 11323 to acquire (through purchase or lease) and operate a rail line. The proposed collection of agreements with interchange commitments is intended to facilitate the Board's monitoring of their usage.

          Retention Period: Information in this report will be maintained in the Board's confidential file for 10 years, after which it is transferred to the National Archives.
        Small Entities

        The Board certifies that the proposed revisions to our regulations, if adopted, will not have a significant effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The regulations will not have a significant effect on small entities because they require merely that a party seeking an exemption for the lease or sale of trackage identify the existence of any interchange commitment and give the Board a copy of the document that creates it. The provision of copies of an existing document will involve only limited additional copying expense. Moreover, the regulations will not affect a substantial number of small entities because they will only apply to small railroads that become parties to future line sales or leases that involve interchange commitments.

        Board decisions, notices, filings, and hearings transcripts are also available on our Web site at http://www.stb.dot.gov.

          List of Subjects
          49 CFR Part 1114
          Administrative practice and procedure.
          49 CFR Parts 1121 and 1150
          Administrative practice and procedure, Railroads.
          49 CFR Part 1180
          Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements.

          Authority:
          49 U.S.C. 721, 5 U.S.C. 553.

          Decided: October 29, 2007.

          By the Board, Chariman Nottingham, Vice Chairman Buttrey, and Commissioner Mulvey.
          Vernon A. Williams,
          Secretary.

        For the reasons set forth in the preamble, parts 1114, 1121, 1150, and 1180, of title 49, chapter X, of the Code of Federal Regulations are proposed to be amended as follows:

          PART 1114—APPELLATE PROCEDURES
          1. The authority citation for part 1114 continues to read as follows:

            Authority:
            5 U.S.C. 559; 49 U.S.C. 721.

          2. Amend § 1114.30 by adding paragraph (d) to read as follows:

            § 1114.30
            Production of documents and records and entry upon land for inspection and other purposes.

            (d) Agreements Containing Interchange Commitments. In any proceeding involving the reasonableness of provisions related to a rail carrier sale or lease agreement that serve to induce a party to the agreement to interchange traffic with another party to the agreement, rather than with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means, a party to the proceeding may obtain a confidential, complete version of the agreement, with the prior approval of the Board. The party seeking such approval must file an appropriate motion containing a draft protective order and undertaking(s) that will ensure the agreement is kept confidential. The motion seeking approval may be filed at any time after the initial complaint or petition, including before the answer to the complaint or petition is due. A reply to such a motion must be filed within 10 days thereafter. The motion will be considered by the Board in an expedited manner.

          PART 1121—RAIL EXEMPTION PROCEDURES
          3. The authority citation for part 1121 continues to read as follows:

            Authority:
            49 U.S.C. 10502 and 10704.

          4. Amend § 1121.3 by adding paragraph (d) to read as follows:

            § 1121.3
            Content.

            (d) Transactions Imposing Interchange Commitments. (1) If a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:
            (i) The existence of that provision or agreement and the affected interchange points must be identified; and
            (ii) A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).
            (2) To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (d)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
            (i) An explanation of the party's need for the information; and
            (ii) An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.

          PART 1150—CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES
          5. The authority citation for part 1150 continues to read as follows:

            Authority:
            49 U.S.C. 721(a), 10502, 10901, and 10902.

          6. Amend § 1150.33 by adding paragraph (h) to read as follows:

            § 1150.33
            Information to be contained in notice—transactions that involve creation of Class III carriers.

            (h) Transactions Imposing Interchange Commitments. (1) If a proposed acquisition or operation of a rail line or change of operators involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:
            (i) The existence of that provision or agreement and the affected interchange points must be identified; and
            (ii) A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).
            (2) To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (h)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
            (i) An explanation of the party's need for the information; and
            (ii) An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.
            7. Amend § 1150.43 by adding paragraph (h) to read as follows:

            § 1150.43
            Information to be contained in notice for small line acquisitions.

            (h) Transactions Imposing Interchange Commitments. (1) If a proposed acquisition or operation of a rail line or change of operators involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:
            (i) The existence of that provision or agreement and the affected interchange points must be identified; and
            (ii) A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).
            (2) To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to paragraph (h)(1) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
            (i) An explanation of the party's need for the information; and
            (ii) An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.

          PART 1180—RAILROAD ACQUISITION, CONTROL, MERGER, CONSOLIDATION PROJECT, TRACKAGE RIGHTS, AND LEASE PROCEDURES
          8. The authority citation for part 1180 continues to read as follows:

            Authority:
            5 U.S.C. 553 and 559; 11 U.S.C. 1172; 49 U.S.C. 721, 10502, 11323-11325.

          9. Amend § 1180.4 by adding paragraph (g)(4) to read as follows:

            § 1180.4
            Procedures.
            (g) Notice of exemption. * * *
            (4) Transactions Imposing Interchange Commitments. (i) If a proposed acquisition or operation of a rail line involves a provision or agreement that may limit future interchange with a third-party connecting carrier, whether by outright prohibition, per-car penalty, adjustment in the purchase price or rental, positive economic inducement, or other means (“interchange commitment”), the following additional information must be provided:
            (A) The existence of that provision or agreement and the affected interchange points must be identified; and
            (B) A confidential, complete version of the document(s) containing or addressing that provision or agreement, which may be filed with the Board under 49 CFR 1104.14(a) and will be kept confidential without need for the filing of an accompanying motion for a protective order under 49 CFR 1104.14(b).
            (ii) To obtain information about an interchange commitment for use in a proceeding before the Board, a shipper or other affected party may be granted access to the confidential documents filed pursuant to § 1180.4(g)(4)(i) of this section by filing, and serving upon the petitioner, a “Motion for Access to Confidential Documents,” containing:
            (A) An explanation of the party's need for the information; and

            (B) An appropriate draft protective order and confidentiality undertaking(s) that will ensure that the documents are kept confidential.

       [FR Doc. E7-21569 Filed 11-1-07; 8:45 am]
      BILLING CODE 4915-01-P