Federal Register/Vol. 81, No. 51/Wednesday, March 16, 2016/Rules

Document technical information

Format pdf
Size 226.8 kB
First found Mar 24, 2016

Document content analysis

Category Also themed
not defined
no text concepts found


William Clark Hughes
William Clark Hughes

wikipedia, lookup




Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations
(c) No multichannel video
programming distributor shall by
contract, agreement, patent, intellectual
property right or otherwise preclude the
addition of features or functions to the
equipment made available pursuant to
this section that are not designed,
intended or function to defeat the
conditional access controls of such
devices or to provide unauthorized
access to service.
(d) Notwithstanding the foregoing,
Navigation Devices need not be made
available pursuant to this section where:
(1) It is not reasonably feasible to
prevent such devices from being used
for the unauthorized reception of
service; or
(2) It is not reasonably feasible to
separate conditional access from other
functions without jeopardizing security.
(e) Paragraphs (a)(1), (b), and (c) of
this section shall not apply to the
provision of any Navigation Device that:
(1) Employs conditional access
mechanisms only to access analog video
(2) Is capable only of providing access
to analog video programming offered
over a multichannel video programming
distribution system; and
(3) Does not provide access to any
digital transmission of multichannel
video programming or any other digital
service through any receiving, decoding,
conditional access, or other function,
including any conversion of digital
programming or service to an analog
48 CFR Part 52
[FAC 2005–87; Technical Amendment;
Corrections; Docket 2016–0052; Sequence
No. 1]
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Correcting amendments.
mstockstill on DSK4VPTVN1PROD with RULES
DoD, GSA, and NASA are
issuing a correction to FAC 2005–87;
Technical Amendment; (Item II), which
Jkt 238001
Hada Flowers, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, Washington, DC 20405, 202–
501–4755. Please cite FAC 2005–87,
Technical Amendments; Corrections.
Federal Motor Carrier Safety
The dates to the amended FAR
sections were inadvertently stated on
the Federal Register publication.
Need for Corrections
List of Subjects in 48 CFR Part 52
Government procurement.
Accordingly, 48 CFR part 52 is
corrected by making the following
correcting amendments:
1. The authority citation for part 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. In section 52.212–5:
a. In paragraphs (c)(8), and (e)(1)(xv),
remove ‘‘(MAR 2016)’’ and add ‘‘(DEC
2015)’’ in their places, respectively.
■ b. Revise the date of Alternate II, and
remove from paragraph (e)(1)(ii)(N)
‘‘(MAR 2016)’’ and add ‘‘(DEC 2015)’’ in
its place.
The revision reads as follows:
52.212–5 Contract Terms and
Conditions Required to Implement
Statutes or Executive Orders—
Commercial Items.
Alternate II (MAR 2016).
3. Remove from section 52.213–4,
paragraph (b)(1)(ix) ‘‘(MAR 2016)’’ and
add ‘‘(DEC 2015)’’ in its place.
Dated: March 11, 2016.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2016–05920 Filed 3–15–16; 8:45 am]
Frm 00032
Fmt 4700
[Docket No. FMCSA–2012–0103]
RIN 2126–AB90
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; extension of
compliance date.
FMCSA extends the
compliance date by which motor
carriers of passengers operating CMVs
under a lease or interchange agreement
are subject to the FMCSA final rule
published May 27, 2015, for one year, to
January 1, 2018. The Agency received
numerous petitions for reconsideration
of the final rule and based upon a
review of the petitions, determined that
the compliance date should be extended
to provide sufficient time to address the
issues raised by the petitioners. The
Agency is adding a temporary section to
its regulations to inform the public of
this extension. There will no longer be
a need for the section on the compliance
date after January 1, 2018, thus the
temporary section will be in effect only
from March 16, 2016 through January 1,
DATES: Effective date: March 16, 2016
until January 1, 2018. Compliance date:
As of March 16, 2016, the compliance
date for the requirements in subpart F
to 49 CFR part 390 (§§ 390.301, 390.303,
and 390.305) is extended until January
1, 2018.
Loretta Bitner, (202) 366–2400,
[email protected], Office of
Enforcement and Compliance. FMCSA
office hours are from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
As published, the final Technical
Amendment document contains errors
which may prove to be misleading and
need to be clarified.
PO 00000
49 CFR Part 390
Lease and Interchange of Vehicles;
Motor Carriers of Passengers
16:07 Mar 15, 2016
Effective: March 16, 2016.
Federal Acquisition Regulation;
Technical Amendment; Corrections
VerDate Sep<11>2014
[FR Doc. 2016–05762 Filed 3–15–16; 8:45 am]
was published in the Federal Register at
81 FR 11988, March 7, 2016.
Sfmt 4700
I. Background
On May 27, 2015, FMCSA published
a final rule entitled ‘‘Lease and
Interchange of Vehicles; Motor Carriers
of Passengers,’’ 80 FR 30164 (May 27,
2015). The American Bus Association
(ABA) and United Motorcoach
Association (UMA) filed a joint request
for an extension of the June 26, 2015,
deadline for the submission of petitions
for reconsideration of the final rule. (80
FR 37553). On July 1, 2015, the Agency
announced an extension of the deadline
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations
for petitions for reconsideration, until
August 25, 2015. (80 FR 37553).
The Agency ultimately received 24
unique letters and 24 form letters with
additional text as petitions for
reconsideration, all of which were filed
in the public docket referenced above.
After the initial review of the petitions,
FMCSA held a meeting on October 28,
2015, with a cross section of the
petitioners. Attending were
representatives from small and large bus
companies, charter and regular-route
operations and diverse areas of the
nation. Additionally, two insurance
company representatives were invited
due to the concerns raised in the
petitions about liability. The purpose of
the meeting was to have an open
discussion about petitioners’ concerns
and to gather additional details about
their specific operations.
Based on these communications, and
after further analysis, FMCSA has
concluded that some of the petitions for
reconsideration may have merit.
FMCSA mailed a letter to each
petitioner on September 9, 2015,
acknowledging the Agency had received
the petition and will process the
petition in accordance with 49 CFR
389.35, ‘‘Petitions for Reconsideration.’’
After the Agency has reviewed all
relevant information and a
determination has been made, the
petitioner will again be notified by
letter. While the Agency is not yet in a
position to grant or deny the petitions,
it is mindful of the approaching
compliance date of January 1, 2017, and
it wishes to allay stakeholder concerns
that there will not be sufficient time to
adjust passenger carrier operations
before compliance with the final rule is
required. The Agency is therefore
extending the compliance date to
January 1, 2018. The Agency is adding
a temporary section § 390.300T to
subpart F of 49 CFR part 390 to inform
the public of this extension. There will
no longer be a need for the temporary
section dealing with the compliance
date after January 1, 2018, thus the
temporary section will be in effect only
from March 16, 2016 through January 1,
mstockstill on DSK4VPTVN1PROD with RULES
II. Regulatory Analyses
A. Regulatory Planning and Review
FMCSA has determined that this
action is a non-significant regulatory
action under Executive Order 12866, as
supplemented by Executive Order
13563 (76 FR 3821, January 18, 2011),
and DOT regulatory policies and
procedures (44 FR 1103, February 26,
1979). The Agency does not expect the
rule to generate substantial
VerDate Sep<11>2014
16:07 Mar 15, 2016
Jkt 238001
congressional or public interest. This
rule has not been reviewed formally by
the Office of Management and Budget
Please review the final rule’s
Regulatory Evaluation in docket
FMCSA–2012–0103 for a thorough
discussion of the assumptions the
Agency made, the public comments the
Agency considered, the options/
alternatives considered in developing
the final rule, the analysis conducted,
and the petitions for reconsideration
received to the May 27, 2015, final rule
80 FR 30164.
B. Regulatory Flexibility Act
Section 603 of the Regulatory
Flexibility Act (RFA), as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857, March 29,
1996) and the Small Business Jobs Act
of 2010 (Pub. L. 111–240, September 27,
2010), requires FMCSA to perform a
detailed analysis of the potential impact
of the final rule on small entities.
Accordingly, DOT policy requires that
agencies shall strive to lessen any
adverse effects on these businesses and
other entities. The Final Regulatory
Flexibility Analysis conducted as part of
the May 27, 2015, continues to be
applicable to this final rule.
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.
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, Loretta Bitner, listed in
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.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
C. Federalism (Executive Order 13132)
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 analyzed this rule
under E.O. 13132 and has determined
that it has no federalism implications.
D. Unfunded Mandates Reform Act of
This final rule does 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 2014 after adjusting for
inflation) or more in any 1 year.
E. Executive Order 12988 (Civil Justice
This final 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
F. Executive Order 13045 (Protection of
FMCSA analyzed this action under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. The Agency has
determined that this rule does not create
an environmental risk to health or safety
that would disproportionately affect
G. Executive Order 12630 (Taking of
Private Property)
FMCSA reviewed this final rule in
accordance with Executive Order 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it would not
effect a taking of private property or
otherwise have taking implications.
H. 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 final rule
does 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 which receives
records contained in a system of records
from a Federal agency for use in a
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations
L. Executive Order 13211 (Energy
matching program. FMCSA has
determined this final rule does not
result in a new or revised Privacy Act
System of Records for FMCSA.
I. 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.
mstockstill on DSK4VPTVN1PROD with RULES
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 the OMB for each collection of
information they conduct, sponsor, or
require through regulations. On August
5, 2015, OMB approved the May 27,
2015, final rule’s two information
collections titled ‘‘Commercial Motor
Vehicle Marking Requirements,’’ OMB
No. 2126–0054, and ‘‘Lease and
Interchange of Motor Vehicles,’’ OMB
No. 2126–0056. OMB has set the dates
for both of these information collections
to expire on August 31, 2018.
K. National Environmental Policy Act
and Clean Air Act
FMCSA analyzed this final rule in
accordance with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its
environmental procedures Order 5610.1,
published March 1, 2004, in the Federal
Register (69 FR 9680), that this action is
categorically excluded from further
environmental documentation under
Appendix 2, Paragraphs y (2) and y (7)
of the Order (69 FR 9702). These
categorical exclusions relate to:
• y (2) Regulations implementing
motor carrier identification and
registration reports; and
• y (7) Regulations implementing
prohibitions on motor carriers, agents,
officers, representatives, and employees
from making fraudulent or intentionally
false statements on any application,
certificate, report, or record required by
Thus, the final action will not require
an environmental assessment or an
environmental impact statement.
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
VerDate Sep<11>2014
16:07 Mar 15, 2016
Jkt 238001
FMCSA has analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that Executive
Order because it is not economically
significant and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
List of Subjects in 49 CFR Part 390
Highway safety, Intermodal
transportation, Motor carriers, Motor
vehicle safety, Reporting and
recordkeeping requirements.
The Final Rule
For the reasons stated in the
preamble, FMCSA amends 49 CFR part
390 in title 49, Code of Federal
Regulations, chapter III, subchapter B,
as follows:
1. The authority citation for part 390
is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31132,
31133, 31134, 31136, 31137, 31144, 31151,
31502; sec. 114, Pub. L. 103–311, 108 Stat.
1673, 1677–1678; sec. 212, 217, Pub. L. 106–
159, 113 Stat. 1748, 1766, 1767; sec. 229,
Pub. L. 106–159 (as transferred by sec. 4115
and amended by secs. 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 32934, Pub. L.
112–141, 126 Stat. 405, 778, 830; sec. 2, Pub.
L. 113–125, 128 Stat. 1388; and 49 CFR 1.87.
2. Effective March 16, 2016 until
January 1, 2018, add § 390.300T to
subpart F to read as follows:
§ 390.300T
Compliance date.
Motor carriers of passengers operating
CMVs under a lease or interchange
agreement are subject to §§ 390.301,
390.303, and 390.305 of this subpart on
January 1, 2018.
Issued under the authority delegated in 49
CFR 1.87 on: March 10, 2016.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2016–05932 Filed 3–15–16; 8:45 am]
Frm 00034
Fmt 4700
National Oceanic and Atmospheric
50 CFR Part 300
[Docket No. 160203073–6073–01]
RIN 0648–BF75
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
ACTION: Final rule.
The Assistant Administrator
for Fisheries, National Oceanic and
Atmospheric Administration (NOAA),
on behalf of the International Pacific
Halibut Commission (IPHC), publishes
annual management measures governing
the Pacific halibut fishery recommended
as regulations by the IPHC and accepted
by the Secretary of State. This action is
intended to enhance the conservation of
Pacific halibut and further the goals and
objectives of the Pacific Fishery
Management Council and the North
Pacific Fishery Management Council
The IPHC’s 2016 annual
management measures are effective
March 14, 2016. The 2016 management
measures are effective until superseded.
ADDRESSES: Additional requests for
information regarding this action may
be obtained by contacting the
International Pacific Halibut
Commission, 2320 W. Commodore Way,
Suite 300, Seattle, WA 98199–1287; or
Sustainable Fisheries Division, NMFS
Alaska Region, P.O. Box 21668, Juneau,
AK 99802, Attn: Ellen Sebastian,
Records Officer; or Sustainable Fisheries
Division, NMFS West Coast Region,
7600 Sand Point Way, NE., Seattle, WA
98115. This final rule also is accessible
via the Internet at the Federal
eRulemaking portal at http://
www.regulations.gov, identified by
docket number NOAA–NMFS–2016–
waters off Alaska, Glenn Merrill or Julie
Scheurer, 907–586–7228; or, for waters
off the U.S. West Coast, Sarah Williams,
The IPHC has recommended
regulations which would govern the
Pacific halibut fishery in 2016, pursuant
to the Convention between Canada and
PO 00000
Sfmt 4700

Similar documents


Report this document