Federal Register - June 30, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 3520 PRA. As defined in 5 CFR
1320.3c, collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other, similar actions. The 2016 ELDT final rule discussed the changes to the approved collection of information, but did not revise the supporting statement for that collection at that time, because the changes from the final rule would not take effect until after the expiration date of that approved collection see PRA discussion at 81 FR 88732, 88788.
This collection was revised as part of its renewal cycle, and as required by the PRA 44 U.S.C. 3507d, and FMCSA
submitted its estimate of the burden of the proposal contained in this final rule to OMB for its review of the collection of information renewal. FMCSA
published the 60-day notice in the Federal Register on July 3, 2019 84 FR
31982. FMCSA published the 30-day notice in the Federal Register on April 7, 2020 85 FR 19570, reflecting the changes made by the interim rule. OMB
approved the collection on June 26, 2020 under OMB Control Number 2126
0028, which expires on June 30, 2023.
The information collection may be viewed at www.reginfo.gov/public/do/
PRAMain. Find this information collection by entering OMB control number 21260028 in the search bar and clicking on the last entry.

jbell on DSKJLSW7X2PROD with RULES

G. E.O. 13132 Federalism A rule has implications for federalism under Section 1a of E.O. 13132 if it has 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. FMCSA
determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States.
Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.
H. Privacy Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, Pub. L. 108447, 118 Stat. 2809, 3268, Dec. 8, 2004, note following 5
U.S.C. 552a, requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. The assessment considers impacts of the rule on the privacy of information in an identifiable form and related matters. The FMCSA
Privacy Officer has evaluated the risks and effects the rulemaking might have
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on collecting, storing, and sharing personally identifiable information and has evaluated protections and alternative information handling processes in developing the rule to mitigate potential privacy risks. FMCSA
determined that this rule does not change the collection of personally identifiable information PII as set forth in the 2016 ELDT final rule. The supporting Privacy Impact Analysis, available for review on the DOT
website, http www.transportation.gov/
privacy, gives a full and complete explanation of FMCSA practices for protecting PII in general and specifically in relation to the ELDT final rule, which would also apply to this final rule.
As required by the Privacy Act 5
U.S.C. 552a, FMCSA and DOT will publish, with request for comment, a system of records notice SORN that will describe FMCSAs maintenance and electronic transmission of information affected by the requirements of the ELDT final rule that are covered by the Privacy Act. This SORN will be published in the Federal Register not less than 30 days before the Agency is authorized to collect or use PII retrieved by unique identifier.
I. E.O. 13175 Indian Tribal Governments This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
The National Environmental Policy Act of 1969 NEPA 42 U.S.C. 4321 et seq. requires Federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their actions. In accordance with NEPA, FMCSAs NEPA Order 5610.1 NEPA Implementing Procedures and Policy for Considering Environmental Impacts, and other applicable requirements, FMCSA
prepared an Environmental Assessment EA to review the potential impacts of the ELDT final rule. That EA is available for inspection or copying in the Regulations.gov website listed under ADDRESSES.
Because this rule only finalizes the interim rules delay of the compliance date of the ELDT final rule without any
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other substantive change to the regulations, FMCSA continues to rely upon the previously published 2016 EA
to support this final rule. As noted in that EA, implementation of the ELDT
final rule imposed new training standards for certain individuals applying for their CDL, an upgrade of their CDL, or hazardous materials, passenger, or school bus endorsement for their license. FMCSA found that noise, endangered species, cultural resources protected under the National Historic Preservation Act, wetlands, and resources protected under Section 4f of the Department of Transportation Act of 1966, 49 U.S.C. 303, as amended by Public Law 10959, would not be impacted. The impact areas that may be affected and were evaluated in the 2016
EA included air quality, hazardous materials transportation, solid waste, and public safety. Specifically, as outlined in the ELDT final rule RIA, FMCSA anticipated that an increase in driver training would result in improved fuel economy based on changes to driver behavior, such as smoother acceleration and braking practices. Such improved fuel economy is anticipated to result in lower air emissions and improved air quality for gases, including carbon dioxide. For the interim rule, FMCSA estimated the forgone environmental benefits for years 2020 through 2023. As mentioned above, the interim rule temporally shifted the benefits of the 2016 final rule by two years but otherwise retains the overall environmental impacts of the 2016 final rule. This final rule makes no changes that will impact the discussion from the interim rule.
List of Subjects 49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
For the reasons set forth in the preamble, FMCSA adopts as final, the interim final rule amending 49 CFR
parts 380, 383, and 384, published February 4, 2020, at 85 FR 6088, with the following changes:

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Federal Register - June 30, 2021

TitoloFederal Register

PaeseStati Uniti

Data30/06/2021

Conteggio pagine321

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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