[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54590-54592]
[FR Doc No: 2022-19094]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No: PHMSA-2022-0060]

Pipeline Safety: Information Collection Activities: Voluntary
Adoption of API RP 1173 for Gas Distribution Systems

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites public comments on its intent to request Office of Management
and Budget (OMB) approval of a new, one-time information collection
titled: ``Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.'' The proposed information collection would provide data
necessary to prepare the report required by Section 205 of the
Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES)
Act of 2020 for gas distribution systems.

DATES: Interested persons are invited to submit comments on or before
November 7, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
    Instructions: Identify the docket number, PHMSA-2022-0060 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that 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.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov
before submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except federal holidays. If you wish to receive confirmation of

receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0060.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. 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.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001. Any commentary PHMSA receives that
is not specifically designated as CBI will be placed in the public
docket for this matter.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In July 2015, the American Petroleum Institute (API) published
Recommended Practice (RP) 1173, Pipeline Safety Management Systems
(SMS). The Pipeline SMS recommended practice was the culmination of a
two-year effort by pipeline operators, state and federal regulators,
and other stakeholders.
    On September 13, 2018, a low-pressure gas distribution system owned
and operated by Columbia Gas of Massachusetts was over pressured in
Lawrence, Andover, and North Andover, MA (Merrimack Valley) resulting
in a series of structure fires and explosions causing 1 fatality, 22
persons injured, 131 structures destroyed or damaged, and approximately
11,000 customers without gas service for months. NTSB investigated the
incident and determined that the probable cause of the Merrimack Valley
incident was Columbia Gas of Massachusetts' weak engineering management
that did not adequately plan, review, sequence, and oversee the
construction project that led to the abandonment of a cast iron main
without first relocating regulator sensing lines to the new
polyethylene main.
    After the Merrimack Valley incident, Senator Ed Markey (MA) hosted
a Senate Commerce Committee field hearing on November 26, 2018, with
Senator Elizabeth Warren (MA), Senator Maggie Hassan (N.H.), then-
Congresswoman Niki Tsongas (MA-03), Congressman Seth Moulton (MA-06),
and Congresswoman Lori Trahan. In April 2019, Senators Markey and
Warren and Representative Lori Trahan (MA-03) introduced the ``Leonel
Rondon Pipeline Safety Act''. The bill in the Senate was sponsored by
Senators Markey, Warren, and Richard Blumenthal (D-Conn.);
Congresswoman Trahan introduced companion legislation in the House of
Representatives. The bill aimed at establishing regulations that would
improve gas pipeline operators' risk management plans, improve
emergency response coordination with the public and first responders,
institute best industry practices for holistic safety management, and
mandate use of accurate and reliable maps and records. The resulting
language through Section 205 of the PIPES Act of 2020 directed PHMSA to
submit, by December 27, 2023, a report to Congress describing:
     the number of operators of natural gas distribution
systems who have implemented a Pipeline SMS in accordance with API RP
1173;
     the progress made by operators of natural gas distribution
systems who have implemented, or are in the process of implementing a
Pipeline SMS; and
     the feasibility of an operator of a natural gas
distribution system implementing a Pipeline SMS based on the size of
the operator as measured by the number of customers the operator has
and the amount of natural gas the operator transports.
    PHMSA needs certain information from natural gas distribution
operators to prepare the mandated report. While the PIPES Act mandate
pointed specifically to API RP 1173, there are other SMS program
variations available to natural gas distribution operators. Some
operators may be using API RP 1173 as written to develop their SMS
framework. Others may be using a modified version of API RP 1173,
adding elements specific to their operations, or using a completely
customized SMS program.
    PHMSA may also use the information collected to assess the cost
impacts of proposed changes in the pipeline safety regulations mandated
by the Leonel Rondon Pipeline Safety Act (2137-AF53). For example,
implementing an SMS program based on API RP 1173 requires the operator
to maintain procedures for Management of Change (MOC) to be applied to
significant technology, equipment, procedural, and organizational
changes. Section 204 of the PIPES Act directs PHMSA to update
regulations to ensure that gas distribution operators include a
detailed MOC process in their procedural manual for operations,
maintenance, and emergencies. The regulation update will have to also
address emergency response plans and record keeping requirements which
are two of elements of API RP 1173.
    PHMSA has created a form for this information collection. A draft
of this form, along with the associated instructions, can be found at
www.regulations.gov under docket number PHMSA-2022-0060. Upon the
collection of this information, PHMSA will analyze the data and prepare
a report for Congress.

II. Summary of Impacted Collection

    Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected entities
an opportunity to comment on information collection and recordkeeping
requests. This notice identifies a one-time information collection that
PHMSA will submit to OMB for approval.
    The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8)

Frequency of collection. PHMSA requests comments on the following
information:
    Title: Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.
    OMB Control Number: Will request from OMB.
    Current Expiration Date: TBD.
    Type of Request: Approval of an information collection.
    Abstract: This information collection request covers the collection
of data from operators of natural gas distribution pipeline systems to
ascertain how many gas distribution operators are voluntarily
implementing API RP 1173, progress being made for those that have
implemented or are implementing a Pipeline SMS, and feasibility to
implement a Pipeline SMS based on size of the operator.
    Affected Public: Natural gas distribution pipeline operators.
    Annual Burden:
    Estimated number of responses: 1,314.
    Estimated annual burden hours: 1,314.
    Frequency of Collection: Once.
    Comments are invited on:
    (a) The need for this information collections for the proper
performance of the functions of the Agency, including whether the
information will have practical utility;
    (b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques;
and
    (e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended, and 49 CFR 1.48.

    Issued in Washington, DC, on August 26, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-19094 Filed 9-2-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70505-70507]
[FR Doc No: 2021-26733]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-1096]

Chronic Rhinosinusitis With Nasal Polyps: Developing Drugs for
Treatment; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry entitled ``Chronic
Rhinosinusitis with Nasal Polyps: Developing Drugs for Treatment.'' The
purpose of this draft guidance is to assist sponsors in the clinical
development of drugs for the treatment of chronic rhinosinusitis with
nasal polyps (CRSwNP). Specifically, this

draft guidance addresses FDA's current recommendations regarding trial
design, safety, and efficacy considerations for CRSwNP clinical trials.

DATES: Submit either electronic or written comments on the draft
guidance by February 8, 2022 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-D-1096 for ``Chronic Rhinosinusitis with Nasal Polyps:
Developing Drugs for Treatment.'' Received comments will be placed in
the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002; or to the Office of
Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Rekha Jhamnani, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 3395, Silver Spring, MD 20993-0002, 301-
796-5636; or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Chronic Rhinosinusitis with Nasal Polyps: Developing Drugs
for Treatment.'' This draft guidance provides recommendations for
sponsors developing drugs for the treatment of CRSwNP. Specifically,
this draft guidance represents FDA's current recommendations regarding
trial population, design, effectiveness, statistical analysis, and
safety for drugs being developed for the treatment of CRSwNP. This
draft guidance does not address the clinical development of drugs or
therapeutic biological products for the treatment of chronic
rhinosinusitis without nasal polyps or allergic fungal rhinosinusitis.
    Chronic rhinosinusitis is characterized by inflammation of the
nasal mucosa and paranasal sinuses and can be further divided into
chronic rhinosinusitis with nasal polyps without nasal polyps. Nasal
polyps are inflammatory hyperplastic growths that protrude into the
nasal passages. Symptoms of chronic rhinosinusitis with nasal polyps
include nasal congestion, nasal discharge, facial pain or pressure, and
loss of smell. Nasal polyps have associated morbidity that can have
substantial effect on day-to-day functioning. Treatment goals include
reduction of symptoms, systemic corticosteroid use, and surgery as well
as improved quality of life. Because of differences in natural history
and treatment between chronic rhinosinusitis with and without nasal
polyps, this draft guidance specifically addresses aspects of trial
design, safety, and efficacy assessment for CRSwNP.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA

on ``Chronic Rhinosinusitis with Nasal Polyps: Developing Drugs for
Treatment.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this draft guidance contains no new collection of
information, it does refer to previously approved FDA collections of
information. Therefore, clearance by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501-3521) is not required for this draft guidance. The previously
approved collections of information are subject to review by OMB under
the PRA. The collections of information in 21 CFR part 312 for
investigational new drug applications have been approved under OMB
control number 0910-0014. The collections of information in 21 CFR
parts 314 and 601 for applications for FDA approval to market a new
drug or biologic have been approved under OMB control numbers 0910-0001
and 0910-0338, respectively.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: December 6, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-26733 Filed 12-9-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35136-35141]
[FR Doc No: 2018-15919]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0548; FRL-9981-17-OAR]
RIN 2060-AU13

Additional Air Quality Designations for the 2015 Ozone National
Ambient Air Quality Standards--San Antonio, Texas Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is establishing
initial air quality designations for the eight counties in the San
Antonio-New Braunfels, Texas Core Based Statistical Area (CBSA) for the
2015 primary and secondary national ambient air quality standards
(NAAQS) for ozone. The EPA is designating Bexar County as the San
Antonio, Texas nonattainment area and the remaining seven counties as
attainment/unclassifiable areas. The San Antonio, Texas nonattainment
area is also being classified as Marginal by operation of law according
to the severity of its air quality problem. Of the five classification
categories, Marginal nonattainment areas have ozone levels that are
closest to the ozone NAAQS at the time of designation. This action
completes the initial designations for the 2015 ozone NAAQS. The EPA
designated all other areas of the country for the 2015 ozone NAAQS in
actions signed by the Administrator on November 6, 2017, and April 30,
2018.

DATES: The effective date of this rule is September 24, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2017-0548. All documents in the docket are
listed in the index at http://www.regulations.gov. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information 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 the docket or in hard copy at the
EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Office of Air and Radiation Docket and
Information Center is<PHONE_NUMBER>.
    In addition, the EPA has established a website for rulemakings for
the initial area designations for the 2015 ozone NAAQS at https://www.epa.gov/ozone-designations. The website includes the EPA's final
designations, as well as designation recommendation letters from states
and tribes, the EPA's 120-letters notifying the states whether the EPA
intends to modify the state's recommendation, technical support
documents, responses to comments and other related technical
information.
    The public may also inspect this rule and state-specific technical
support information in hard copy at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Denise Scott, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-01, Research Triangle Park, NC 27711, phone number<PHONE_NUMBER>,
email: [email protected] or Carrie Paige, U.S. Environmental
Protection Agency, Region 6, Mail Code: 6MM-AB, 445 Ross Avenue,
Dallas, TX 75202, telephone<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is an outline of the preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this action?
III. What is ozone and how is it formed?
IV. What are the 2015 ozone NAAQS and the health and welfare
concerns they address?
V. What are the CAA requirements for air quality designations?
VI. What is the chronology for this designations rule and what
guidance did the EPA provide?
VII. What air quality data has the EPA used to designate the
counties in the San Antonio-New Braunfels, Texas CBSA for the 2015
ozone NAAQS?
VIII. What are the ozone air quality classifications?
IX. Where can I find information forming the basis for this rule and
exchanges between the EPA and the state?
X. Environmental Justice Concerns
XI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
CBSA Core Based Statistical Area
DC District of Columbia
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NOX Nitrogen Oxides
NTTAA National Technology Transfer and Advancement Act
PPM Parts per million
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
U.S. United States
U.S.C. United States Code
VOC Volatile Organic Compounds

II. What is the purpose of this action?

    The purpose of this action is to announce and promulgate initial
area designations for the eight counties in the San Antonio-New
Braunfels, Texas CBSA with respect to the 2015 primary and secondary
NAAQS for ozone, in accordance with the requirements of Clean Air Act
(CAA) section 107(d). The EPA is designating Bexar County as the San
Antonio, Texas nonattainment area and the remaining seven counties as
attainment/unclassifiable areas. With this designation action, the EPA
has completed the initial designations for all areas of the country for
the 2015 ozone NAAQS.
    In addition, this action announces the classification for the San
Antonio, Texas nonattainment area as Marginal. The classification
occurs by operation of law at the time of designation based on the
severity of the area's ozone air quality problem. The classification
categories are Marginal, Moderate, Serious, Severe and Extreme. The EPA
established the air quality thresholds that define the classifications
in a separate rule titled, ``Implementation of the 2015 National
Ambient Air Quality Standards for Ozone: Nonattainment Area
Classifications Approach'' (Classifications Rule) (83 FR 10376; March
9, 2018).
    The list of the areas being designated in this action appears in
the regulatory table for Texas included at the end of this final rule.
This table, which will amend 40 CFR part 81, identifies the designation
for each area and the classification for the nonattainment area.
    The EPA is basing the designations on the most recent 3 years of
certified ozone air quality monitoring data (2015-2017) and on an
evaluation of factors to assess contributions to nonattainment in
nearby areas. State areas designated as nonattainment are subject to
planning and emission reduction requirements as specified in CAA part
D. Requirements vary according to an area's classification. On November
17, 2016, the EPA proposed an implementation rule for the 2015 ozone
NAAQS (81 FR 81276). The EPA anticipates issuing the final
implementation rule in 2018. This final implementation rule, along with
additional forthcoming tools and guidance documents related to
provisions for regulatory relief to address background and
international ozone concentrations, should help nonattainment areas to
address these emissions in state plans. In particular, the EPA
recognizes that the information provided by Texas regarding likely
future ozone trends and the role of international transport may provide
an avenue to help the state demonstrate this area attains the 2015
ozone NAAQS by the attainment date or is otherwise entitled to
regulatory relief.

III. What is ozone and how is it formed?

    Ground-level ozone is a gas that is formed by the reaction of
volatile organic compounds (VOCs) and oxides of nitrogen
(NOX) in the atmosphere in the presence of sunlight. These
precursor emissions are emitted by many types of pollution sources,
including power plants and industrial emissions sources, on-road and
off-road motor vehicles and engines and smaller sources, collectively
referred to as area sources. Ozone is predominately a summertime air
pollutant. However, high ozone concentrations have also been observed
in cold months, where a few areas in the western United States (U.S.)
have experienced high levels of local VOC and NOX emissions
that have formed ozone when snow is on the ground and temperatures are
near or below freezing. Ozone and ozone precursors can be transported
to an area from sources in nearby areas or from sources located
hundreds of miles away. For purposes of determining ozone nonattainment
area boundaries, the CAA requires the EPA to include areas that
contribute to nearby violations of the NAAQS.

IV. What are the 2015 ozone NAAQS and the health and welfare concerns
they address?

    On October 1, 2015, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.070 parts per million (ppm) (annual
fourth-highest daily maximum 8-hour average concentration, averaged
over 3 years).\1\ The level of both the primary and secondary ozone
NAAQS previously set in 2008 is 0.075 ppm. The 2015 ozone NAAQS retain
the same general form and averaging time as the 2008 ozone NAAQS.
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    \1\ See 80 FR 65296; October 26, 2015, for a detailed
explanation of the calculation of the 3-year 8-hour average and 40
CFR part 50, Appendix U.
---------------------------------------------------------------------------

    The primary ozone standards provide protection for children, older
adults, people with asthma or other lung diseases and other at-risk
populations against an array of adverse health effects that include
reduced lung function, increased respiratory symptoms and pulmonary
inflammation; effects that contribute to emergency department visits or
hospital admissions; and mortality. The secondary ozone standards
protect against adverse effects to the public welfare, including those
related to impacts on sensitive vegetation and forested ecosystems.

V. What are the CAA requirements for air quality designations?

    When the EPA promulgates a new or revised NAAQS, the EPA is
required to designate all areas in the country as nonattainment,
attainment or unclassifiable, pursuant to section 107(d)(1) of the CAA.
Section 107(d)(1)(A)(i) of the CAA defines a nonattainment area as,
``any area that does not meet (or that contributes to ambient air
quality in a nearby area that does not meet) the national primary or
secondary ambient air quality standard for the pollutant.'' If an area
meets either prong of this definition, states should recommend and the
EPA is obligated to designate the area as ``nonattainment.'' CAA
section 107(d)(1)(A)(ii) defines an attainment area as any area that
does not meet the definition of nonattainment and that meets the NAAQS.
CAA section 107(d)(1)(A)(iii) provides that any area that the EPA
cannot designate on the basis of available information as meeting or
not meeting the standards should be designated as ``unclassifiable.''
Historically for ozone, the EPA has designated most areas that do not
meet the definition of nonattainment as ``unclassifiable/attainment.''
This category includes areas that have air quality monitoring data
meeting the NAAQS and areas that do not have monitors but for which the
EPA has no evidence that the areas may be violating the NAAQS or
contributing to a nearby violation. In the designations for the 2015
ozone NAAQS, the EPA has reversed the order of the label to be
attainment/unclassifiable to better convey the definition of the
designation category and so that the category is more easily
distinguished from the separate unclassifiable category. In a few
instances, based on circumstances where some monitoring data are
available but are not sufficient for a determination that an area is or
is not attaining the NAAQS, the EPA has designated an area as
``unclassifiable.''
    Section 107(d)(1)(B) of the CAA requires the EPA to issue initial
area designations within 2 years of promulgating a new or revised
NAAQS. However, if the Administrator has insufficient information to
make these designations within that time frame, the EPA has the
authority to extend the deadline for designation decisions by up to 1
additional year.
    By not later than 1 year after the promulgation of a new or revised

NAAQS, each state governor is required to recommend air quality
designations, including the appropriate boundaries for areas, to the
EPA. (See CAA section 107(d)(1)(A).) The EPA reviews those state
recommendations and is authorized to make any modifications the
Administrator deems necessary. The statute does not define the term
``necessary,'' but the EPA interprets this to authorize the
Administrator to modify designation recommendations that are
inconsistent with the statutory language, including modification of
recommended boundaries for nonattainment areas that are not supported
by the facts or analysis. If the EPA intends to modify a state's
recommendation, section 107(d)(1)(B) of the CAA requires the EPA to
notify the state of any such intended modifications not less than 120
days prior to the EPA's promulgation of the final designation. These
notifications are commonly known as the ``120-day letters.'' If the
state does not agree with the EPA's intended modification, the 120-day
period provides an opportunity for the state to demonstrate to the EPA
why it believes any modification proposed by the EPA is inappropriate.
If a state fails to provide any recommendation for an area, in whole or
in part, the EPA must promulgate a designation that the Administrator
deems appropriate.
    The terms ``contributes to'' and ``nearby'' in the definition of a
nonattainment area are not defined in the statute and the EPA has
discretion to interpret these ambiguous terms, based on considerations
such as the nature of a specific pollutant, the types of sources that
may contribute to violations, the form of the relevant NAAQS and any
other relevant information. The EPA does not interpret the statute to
require the agency to establish bright line tests or thresholds for
what constitutes ``contribution'' or ``nearby'' for purposes of
designations.\2\
---------------------------------------------------------------------------

    \2\ This view was confirmed in Catawba County v. EPA, 571 F.3d
20 (D.C. Cir. 2009).
---------------------------------------------------------------------------

    Section 301(d) of the CAA authorizes the EPA to approve eligible
Indian tribes to implement provisions of the CAA on Indian reservations
and other areas within the tribes' jurisdiction. The Tribal Authority
Rule (TAR) (40 CFR part 49), which implements section 301(d) of the
CAA, sets forth the criteria and process for tribes to apply to the EPA
for eligibility to administer CAA programs. The designations process
contained in section 107(d) of the CAA is included among those
provisions determined to be appropriate by the EPA for treatment of
tribes in the same manner as states. Under the TAR, tribes generally
are not subject to the same submission schedules imposed by the CAA on
states. As authorized by the TAR, tribes may seek eligibility to submit
designation recommendations to the EPA.

VI. What is the chronology for this designations rule and what guidance
did the EPA provide?

    On February 25, 2016, the EPA issued guidance for states and tribal
agencies to use for purposes of making designation recommendations as
required by CAA section 107(d)(1)(A). (See February 25, 2016,
memorandum from Janet G. McCabe, Acting Assistant Administrator, to
Regional Administrators, Regions 1-10, titled, ``Area Designations for
the 2015 Ozone National Ambient Air Quality Standards'' (Designations
Guidance)). The Designations Guidance provided the anticipated timeline
for designations and identified important factors that the EPA
recommended states and tribes consider in making their recommendations
and that the EPA intended to consider in promulgating designations.
These factors include air quality data, emissions and emissions-related
data, meteorological data, geography/topography and jurisdictional
boundaries. In the Designations Guidance, the EPA asked that states and
tribes submit their designation recommendations, including appropriate
area boundaries, to the EPA by October 1, 2016.\3\ In the guidance, the
EPA indicated the agency expected to complete the initial designations
for the 2015 ozone NAAQS on a 2-year schedule, by October 1, 2017,
consistent with CAA 107(d)(1)(B)(i).
---------------------------------------------------------------------------

    \3\ The EPA previously issued two guidance memoranda related to
designating areas of Indian country that also apply for designations
for the 2015 ozone NAAQS. (See December 20, 2011, memorandum from
Stephen D. Page, Director, Office of Air Quality Planning and
Standards, to Regional Air Directors, Regions I-X, titled, ``Policy
for Establishing Separate Air Quality Designations for Areas of
Indian Country'' and December 20, 2011, memorandum from Stephen D.
Page, Director, Office of Air Quality Planning and Standards, to
Regional Air Directors, Regions I-X, titled, ``Guidance to Regions
for Working with Tribes during the National Ambient Air Quality
Standards (NAAQS) Designations Process.'')
---------------------------------------------------------------------------

    On November 6, 2017, the EPA designated about 85 percent of the
counties in the U.S., including tribal lands within those counties.\4\
Consistent with the EPA's Tribal Designation Guidance, the EPA
designated two areas of Indian country as separate areas.
---------------------------------------------------------------------------

    \4\ Although the EPA commonly uses the term ``counties'' when
speaking of designations, we note that the reference to ``counties''
also includes non-county administrative or statistical areas that
are comparable to counties. For example, Louisiana parishes; the
organized boroughs of Alaska; the District of Columbia and the
independent cities of the states of Virginia, Maryland, Missouri and
Nevada are equivalent to counties for administrative purposes. In
addition, Alaska's Unorganized Borough is divided into 10 census
areas that are statistically equivalent to counties.
---------------------------------------------------------------------------

    On December 4, 2017, a coalition of environmental and health
organizations filed suit against the EPA claiming that the EPA failed
to meet its mandatory obligation to designate all areas of the U.S. for
the 2015 ozone NAAQS by October 1, 2017. American Lung Association, et
al v. Pruitt (N.D. Cal. No. 4:17-cv-06900). A coalition of 15 states
also filed a similar suit on December 5, 2017. State of California v.
Pruitt (N.D. Cal. No. 4:17-cv-06936). In a March 12, 2018, order, the
court granted the motions in part and ordered the EPA ``to promulgate
final designations for all areas of the country except for the eight
undesignated counties composing the San Antonio area no later than
April 30, 2018'' and ``to promulgate final designations for the San
Antonio area no later than 127 days from the date of this order.''
Thus, the designation deadline for the San Antonio area was set to July
17, 2018.
    On March 19, 2018, the EPA sent a 120-day letter to the Governor of
Texas notifying the state of the EPA's preliminary response to the
state's recommendations for the eight counties in the San Antonio-New
Braunfels, Texas CBSA. The EPA requested that Texas submit by May 11,
2018, any additional information the state wanted the EPA to consider
in making final designation decisions for the area. Although not
required by section 107(d)(2)(B) of the CAA, the EPA also provided a
30-day public comment period specific to this area (83 FR 13719; March
30, 2018). The comment period closed on April 30, 2018.
    On April 30, 2018, the EPA designated all remaining undesignated
areas except the eight counties in the San Antonio area (83 FR 25776;
June 4, 2018).
    This action designating the eight counties in the San Antonio area
completes the initial designations for the 2015 ozone NAAQS. The
ADDRESSES section earlier in this preamble provides detail on where to
find the information supporting this designation action and the prior
two actions.

VII. What air quality data has the EPA used to designate the counties
in the San Antonio-New Braunfels, Texas CBSA for the 2015 ozone NAAQS?

    The final ozone designations for the counties in the San Antonio-
New

Braunfels, Texas CBSA are based on air quality monitoring data from the
3 most recent years of certified data, which are 2015-2017. Under 40
CFR 58.16, states are required to report all monitored ozone air
quality data and associated quality assurance data within 90 days after
the end of each quarterly reporting period, and under 40 CFR part
58.15(a)(2) states are required to submit annual summary reports and a
data certification letter to the EPA by May 1 for ozone air quality
data collected in the previous calendar year. On March 19, 2018, when
the EPA notified Texas of the EPA's intended designations for the San
Antonio area, the most recent certification obligation was for air
quality data from 2016. On May 1, 2018, Texas submitted certified air
quality monitoring data for 2017. The violating monitors for the 2015-
2017 period are the same monitors that showed violations for the 2014-
2016 period.

VIII. What are the ozone air quality classifications?

    In accordance with CAA section 181(a)(1), each area designated as
nonattainment for the ozone NAAQS is classified by operation of law at
the same time as the area is designated by the EPA. Under subpart D of
title I of the CAA, state planning and emissions control requirements
for ozone are determined, in part, by a nonattainment area's
classification. The ozone nonattainment areas are classified based on
the severity of their ozone levels (as determined based on the area's
``design value,'' which represents air quality in the area for the most
recent 3 years).\5\ The five classification categories are Marginal,
Moderate, Serious, Severe and Extreme. Nonattainment areas with a
``lower'' classification have ozone levels that are closer to the
standard than areas with a ``higher'' classification. Areas in the
lower classification levels have fewer and/or less stringent mandatory
air quality planning and control requirements than those in higher
classifications. On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule that establishes the ozone level threshold for
each classification for the 2015 ozone NAAQS. Each nonattainment area's
design value, based on the most recent 3 years of certified air quality
monitoring data, is used to establish the classification for the area.
See Table 1.
---------------------------------------------------------------------------

    \5\ The air quality design value for the 8-hour ozone NAAQS is
the 3-year average of the annual 4th highest daily maximum 8-hour
average ozone concentration. See 40 CFR part 50, Appendix U.

 Table 1--Classification Thresholds for the 2015 Ozone NAAQS (0.070 ppm)
------------------------------------------------------------------------
                                                           8-Hour ozone
       Nonattainment area                                  design value
         classification                                      (ppm) \a\
------------------------------------------------------------------------
Marginal.......................  from...................           0.071
                                 up to \b\..............           0.081
Moderate.......................  from...................           0.081
                                 up to \b\..............           0.093
Serious........................  from...................           0.093
                                 up to \b\..............           0.105
Severe-15......................  from...................           0.105
                                 up to \b\..............           0.111
Severe-17......................  from...................           0.111
                                 up to \b\..............           0.163
Extreme........................  equal to or above......           0.163
------------------------------------------------------------------------
\a\ parts per million.
\b\ but not including.

    The most recent 3 years of certified air quality monitoring data
for Bexar County, Texas are from the period 2015-2017. The ozone design
value is 0.074 ppm. Therefore, in accordance with Table 1 above, the
San Antonio, Texas nonattainment area is classified by operation of law
as a Marginal area for the 2015 ozone NAAQS. The regulatory table for
Texas included at the end of this action provides the classification
for the nonattainment area.

IX. Where can I find information forming the basis for this rule and
exchanges between the EPA and the state?

    Information providing the basis for this action is provided in the
docket for this rulemaking. The applicable EPA guidance memoranda and
copies of correspondence regarding this process between the EPA and the
state and other parties are also available for review at the EPA Docket
Center listed above in the addresses section of this document, and on
the EPA's ozone designation website at https://www.epa.gov/ozone-designations. State-specific information is also available from the EPA
Region 6 office at the address at the beginning of this Preamble.

X. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either nonattainment,
attainment or unclassifiable. This final action addresses designation
determinations for eight counties in Texas for the 2015 ozone NAAQS.
Seven counties are being designated as attainment/unclassifiable and
one county is being designated as nonattainment. In addition, the
nonattainment area is being classified as Marginal according to the
severity of its ozone air quality problem. Area designations address
environmental justice concerns by ensuring that the public is properly
informed about the air quality in an area. In locations where air
quality does not meet the NAAQS, the CAA requires relevant state
authorities to initiate appropriate air quality management actions to
ensure that all those residing, working, attending school or otherwise
present in those areas are protected, regardless of minority and
economic status.

XI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to promulgate air
quality designations after promulgation of a new or revised NAAQS.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because actions such as air quality designations after promulgating a
new revised NAAQS are exempt from review under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.

D. Regulatory Flexibility Act (RFA)

    This designation action under CAA section 107(d) is not subject to
the RFA. The RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the Administrative Procedure Act (APA), 5
U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA
explicitly provides that designations are exempt from the notice-and-
comment provisions of the APA. In addition, designations under CAA
section 107(d) are not among the list of actions that are subject to
the notice-and-comment rulemaking requirements of CAA section 307(d).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are no tribes
affected by this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section X of this
preamble, ``Environmental Justice Concerns.''

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

M. Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the U.S. Court of Appeals for the
appropriate circuit by September 24, 2018. Under section 307(b)(2) of
the Act, the requirements of this final action may not be challenged
later in civil or criminal proceedings for enforcement.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: July 17, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set forth in the preamble, 40 CFR part 81 is
amended as follows:

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.344, the table titled ``Texas--2015 8-Hour Ozone NAAQS
(Primary and Secondary)'' is amended by:
0
a. Adding an entry for San Antonio, TX before the entry for Rest of
State;
0
b. Adding an entry for Atascosa County before the entry for Austin
County;
0
c. Adding an entry for Bandera County before the entry for Bastrop
County;
0
d. Adding an entry for Comal County before the entry for Comanche
County;
0
e. Adding an entry for Guadalupe County before the entry for Hale
County;
0
f. Adding an entry for Kendall County before the entry for Kenedy
County;
0
g. Adding an entry for Medina County before the entry for Menard
County; and
0
h. Adding an entry for Wilson County before the entry for Winkler
County.
    The additions read as follows:

Sec.  81.344  Texas.

* * * * *

                                         Texas--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
       Designated area \1\        ------------------------------------------------------------------------------
                                     Date \2\              Type              Date \2\             Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
San Antonio, TX..................    9/24/2018  Nonattainment............    9/24/2018  Marginal.
    Bexar County.................

                                                  * * * * * * *
Rest of State:

                                                  * * * * * * *
    Atascosa County..............    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Bandera County...............    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Comal County.................    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Guadalupe County.............    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Kendall County...............    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Medina County................    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
    Wilson County................    9/24/2018  Attainment/Unclassifiable

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.

[FR Doc. 2018-15919 Filed 7-24-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32901-32903]
[FR Doc No: 2012-13530]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 371, 375, 386, and 387

State Enforcement of Household Goods Consumer Protection

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

ACTION: Notice of enforcement.

-----------------------------------------------------------------------

SUMMARY: FMCSA provides an updated list of statutory provisions and
FMCSA regulations that State household goods regulatory authorities and
State attorneys general may enforce, reflecting amendments to FMCSA's
regulations regarding brokers of household goods. The Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) gives State household goods regulatory
authorities and State attorneys general the right to enforce certain
consumer protection provisions that apply to individual shippers and
are related to interstate movement of the goods.

DATES: On November 17, 2006, FMCSA published a list of the statutory
and regulatory provisions that State attorneys general and household
goods regulators are allowed to enforce pursuant to section 4206(b) of
SAFETEA-LU (71 FR 67009). That enforcement authority was retroactive to
August 10, 2005, the date of enactment of SAFETEA-LU. The Agency
amended its household goods regulations on November 29, 2010 (75 FR
72987). States are now authorized to enforce those regulations,
retroactive to January 28, 2011, the effective date of the 2010 rule.
However, the requirement for a $25,000 surety bond or trust fund (49
CFR 387.307(a)(2)) had a delayed compliance date of January 1, 2012,
and States may enforce that provision only on or after that date.

FOR FURTHER INFORMATION CONTACT: Mr. Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team Leader, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001,
(202) 366-8045.

SUPPLEMENTARY INFORMATION: Section 4206(b) of SAFETEA-LU (Pub. L. 109-
59, 119 Stat. 1144, 1754, codified at 49 U.S.C. 14710 and 14711),
provides that State household goods regulatory authorities and State
attorneys general may enforce certain consumer protection provisions of
Title 49 of the United States Code (U.S.C.) and related regulations
applicable to the delivery and transportation of household goods in
interstate or foreign commerce. Section 14710 authorizes State agencies
that regulate the movement of intrastate household goods to ``enforce
the consumer protection provisions of this title [Title 49] that apply
to individual shippers, as determined by the Secretary [of the U.S.
Department of Transportation], and are related to the delivery and
transportation of household goods in interstate commerce.'' Section
14711 authorizes State attorneys general to bring civil actions in the
U.S. district courts to enforce the consumer protection provisions that
apply to individual shippers and are related to the delivery and
transportation of household goods in interstate or foreign commerce.
    On November 17, 2006, FMCSA issued a notice that specified which
statutory provisions and FMCSA regulations State household goods
regulatory authorities and State attorneys general are authorized to
enforce pursuant to 49 U.S.C. 14710-14711 (71 FR 67009). In that
notice, FMCSA also stated that it was developing a notice of proposed
rulemaking that would require brokers of household goods to provide
individual shippers with specific information required under section
4212 of SAFETEA-LU. The Agency stated that it would add that rule, once
it became final, to the list of regulations that State household goods
regulatory authorities and State attorneys general may enforce.
    On November 29, 2010, FMCSA issued that final rule (75 FR 72987).
It amended FMCSA's regulations and imposed various requirements on both
household goods carriers and brokers as follows.
     Special Rules for Household Goods Brokers, 49 CFR part
371, subpart B. Household goods brokers offering services to individual
shippers and operating in interstate or foreign commerce are subject to
the requirements of subpart B of part 371. This subpart requires that
brokers use only motor carriers that are properly licensed and
authorized to operate (49 CFR 371.105); provide certain disclosures in
advertisements and Internet Web homepages, and to individual shippers
(49 CFR 371.107 through 371.111, 371.117); provide individual shippers
with a written estimate (49 CFR 371.115); and maintain agreements with
motor carriers before providing written estimates on behalf of these
carriers (49 CFR 371.117). Subpart B also establishes penalties for
violations (49 CFR 371.121).
     Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations, 49 CFR part 375. Household goods
carriers must provide certain consumer protection information to
prospective individual shippers unless the consumer expressly waives
physical receipt (49 CFR 375.213). A household goods carrier permitting
a broker to provide estimates on its behalf must enter into an
agreement with the broker adopting the broker's estimate as its own (49
CFR 375.409).
     Penalty Schedule; Violations and Monetary Penalties, 49
CFR part 386, Appendix B. Household goods brokers are subject to
statutory penalties for providing estimates without an agreement with a
household goods motor carrier and for operating without being
registered with FMCSA (49 CFR part 386, Appendix B(g)(22)-(23)).
     Minimum Levels of Financial Responsibility for Motor
Carriers, 49 CFR part 387. The current minimum level of financial
responsibility required of household goods brokers is $25,000, as of
January 1, 2012 (49 CFR 387.307(a)(2)).
    The provisions of FMCSA's November 29, 2010, final rule are now
being included in the list of regulations that State household goods
regulatory authorities and State attorneys general may enforce,
effective as of January 28, 2011, except for 49 CFR 387.307(a)(2),
effective as of January 1, 2012. To assist interested parties, the list
of statutory

and regulatory provisions that State household goods regulatory
authorities and State attorneys general may enforce pursuant to
sections 14710 and 14711 of SAFETEA-LU is provided in its entirety
below. The brief description accompanying each item listed below is for
informational purposes only and is not intended to be a definitive
interpretation of legal requirements.

Statutes

1. Tariff Requirement for Certain Transportation, 49 U.S.C. 13702

    Household goods carriers must have tariffs covering transportation
and related services and must charge in accordance with their tariffs.
The carrier must give notice of availability of the tariff to
individual shippers and must make the tariff available for inspection
to shippers upon reasonable request.

2. Household Goods Rates--Estimates; Guarantees of Service, 49 U.S.C.
13704

    Rates for transportation of household goods moving on a written
binding estimate must be available to shippers on a non-preferential
basis and must not result in charges that are predatory.

3. Payment of Rates; Exceptions, 49 U.S.C. 13707(b)

    Household goods carriers must give up possession of a shipment upon
payment of 100 percent of a binding estimate or 110 percent of a non-
binding estimate, but may collect all charges related to post-contract
services and impracticable operations at delivery (with some
limitations as to the latter).

4. Requirement for Registration, 49 U.S.C. 13901; General Civil
Penalties, 49 U.S.C. 14901(d)(3)

    FMCSA registration is required to provide transportation or
brokerage services subject to FMCSA jurisdiction. Transportation or
brokering of household goods without FMCSA registration is punishable
by a minimum civil penalty of $25,000 per violation.

5. Household Goods Carrier Operations; Estimates, 49 U.S.C. 14104(b)

    Household goods carriers must comply with certain estimating
requirements and provide individual shippers with prescribed
informational publications.

6. Liability of Carriers Under Receipts and Bills of Lading; Limiting
Liability of Household Goods Carriers to Declared Value; 49 U.S.C.
14706(f)

    Household goods carriers are liable for the replacement value of
goods unless the individual shipper waives full value protection in
writing.

7. Dispute Settlement Program for Household Goods Carriers, 49 U.S.C.
14708

    Household goods carriers must provide binding arbitration upon a
shipper's request for disputes up to $10,000 involving loss and damage
and payment of charges in addition to those collected at delivery.

8. General Civil Penalties; Estimate of Broker Without Carrier
Agreement, 49 U.S.C. 14901(d)(2)

    Household goods brokers making estimates before entering into an
agreement with a carrier are liable for a minimum civil penalty of
$10,000 per violation.

9. General Civil Penalties; Violation Relating to Transportation of
Household Goods, 49 U.S.C. 14901(e)

    Any person falsifying documents relating to household goods
shipment weight or charging for accessorial services that are not
performed or are not reasonably necessary for the safe and adequate
movement of the shipment is subject to a minimum civil penalty of
$2,000 for the first violation and $5,000 for each subsequent
violation.

10. Civil Penalty Procedures, 49 U.S.C. 14915

    Holding an household goods shipment hostage is punishable by a
minimum civil penalty of $10,000 per violation.

Regulations

1. Designation of Process Agent; Required States, 49 CFR 366.4

    All carriers and brokers must designate agents for service of court
process in States of operation.

2. Principles and Practices for the Investigation and Voluntary
Disposition of Loss and Damage Claims, 49 CFR 370.3 Through 370.9

    These sections contain regulations governing voluntary disposition
of loss and damage claims. The regulations protect individual shippers,
as well as business shippers, by ensuring that motor carriers
investigate claims and process them in accordance with prescribed
procedures.

3. Records To Be Kept by Brokers; Right of Review, 49 CFR 371.3(c)

    Brokers must provide access to transaction records by each party to
a brokered transaction.

4. Records To Be Kept by Brokers; Misrepresentation, 49 CFR 371.7

    Brokers must not misrepresent their name or broker status.

5. Bills of Lading for Freight Forwarders, 49 CFR 373.201

    All household goods freight forwarders must issue a shipper a
thorough bill of lading covering transportation from origin to
destination.

6. Transportation of Household Goods in Interstate Commerce; Consumer
Protection Regulations, 49 CFR Part 375

    This part contains consumer protection regulations governing
transportation of household goods for individual shippers in interstate
commerce. The regulations set forth the rights and obligations of
household goods carriers and shippers with respect to services
provided; liability; estimates; pick up, delivery and transportation of
shipments; payment; and penalties for noncompliance.

7. Procedures Governing the Processing, Investigation, and Disposition
of Overcharge, Duplicate Payment, or Over-Collection Claims, 49 CFR
378.3 Through 378.9

    These sections set forth the rights and obligations of household
goods carriers and shippers with respect to the filing and processing
of claims for overcharge, duplicate payment, and over collection for
the transportation of property, including household goods.

8. Surety Bond, Certificate of Insurance, or Other Securities; Cargo
Insurance, 49 CFR 387.301(b)

    Household goods carriers must obtain cargo insurance in prescribed
amounts and file evidence of such insurance with FMCSA.

9. Property Broker Surety Bond or Trust Fund, 49 CFR 387.307

    All brokers, including household goods brokers, must obtain and
file a surety bond or trust fund to pay shippers or motor carriers if
the broker fails to carry out its contracts for the arrangement of
transportation.

10. General Requirements, 49 CFR 387.403

    Household goods freight forwarders must obtain and file the same
level of cargo insurance required of household goods motor carriers.

11. Special Rules for Household Goods Brokers, 49 CFR Part 371, Subpart
B

    Household goods brokers offering services to individual shippers
and

operating in interstate or foreign commerce are subject to the
requirements of subpart B of part 371. This subpart requires that
brokers: use only motor carriers that are properly licensed and
authorized to operate (49 CFR 371.105); provide certain disclosures in
advertisements and Internet Web homepages, and to individual shippers
(49 CFR 371.107 through 371.111, 371.117); provide individual shippers
with a written estimate (49 CFR 371.115); and maintain agreements with
motor carriers before providing written estimates on behalf of these
carriers (49 CFR 371.117). Subpart B also establishes penalties for
violations (49 CFR 371.121).

    Issued on: May 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-13530 Filed 6-1-12; 8:45 am]
BILLING CODE 4910-EX-P