30 Day Notice

Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices
The 2002 amendments and 2005
reenactment of the preemption
provisions in 49 U.S.C. 5125 reaffirmed
Congress’s long-standing view that a
single body of uniform Federal
regulations promotes safety (including
security) in the transportation of
hazardous materials. More than thirty
years ago, when it was considering the
HMTA, the Senate Commerce
Committee ‘‘endorse[d] the principle of
preemption in order to preclude a
multiplicity of State and local
regulations and the potential for varying
as well as conflicting regulations in the
area of hazardous materials
transportation.’’ S. Rep. No. 1102, 93rd
Cong. 2nd Sess. 37 (1974). When
Congress expanded the preemption
provisions in 1990, it specifically found:
(3) many States and localities have enacted
laws and regulations which vary from
Federal laws and regulations pertaining to
the transportation of hazardous materials,
thereby creating the potential for
unreasonable hazards in other jurisdictions
and confounding shippers and carriers which
attempt to comply with multiple and
conflicting registration, permitting, routing,
notification, and other regulatory
requirements,
(4) because of the potential risks to life,
property, and the environment posed by
unintentional releases of hazardous
materials, consistency in laws and
regulations governing the transportation of
hazardous materials is necessary and
desirable,
(5) in order to achieve greater uniformity
and to promote the public health, welfare,
and safety at all levels, Federal standards for
regulating the transportation of hazardous
materials in intrastate, interstate, and foreign
commerce are necessary and desirable.

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Public Law 101–615 § 2, 104 Stat.
3244. (In 1994, Congress revised,
codified and enacted the HMTA
‘‘without substantive change,’’ at 49
U.S.C. Chapter 51. Public Law 103–272,
108 Stat. 745 (July 5, 1994).) A United
States Court of Appeals has found
uniformity was the ‘‘linchpin’’ in the
design of the Federal laws governing the
transportation of hazardous materials.
Colorado Pub. Util. Comm’n v. Harmon,
951 F.2d 1571, 1575 (10th Cir. 1991).
III. Preemption Determinations
Under 49 U.S.C. 5125(d)(1), any
person (including a State, political
subdivision of a State, or Indian tribe)
directly affected by a requirement of a
State, political subdivision or tribe may
apply to the Secretary of Transportation
transported and fees related to transporting
hazardous material. See 49 U.S.C. 5125(c) and (f).
See also 49 CFR 171.1(f) which explains that a
‘‘facility at which functions regulated under the
HMR are performed may be subject to applicable
laws and regulations of state and local governments
and Indian tribes.’’

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for a determination whether the
requirement is preempted. The
Secretary of Transportation has
delegated authority to PHMSA to make
determinations of preemption, except
for those concerning highway routing
(which have been delegated to the
Federal Motor Carrier Safety
Administration). 49 CFR 1.97(b).
Section 5125(d)(1) requires notice of
an application for a preemption
determination to be published in the
Federal Register. Following the receipt
and consideration of written comments,
PHMSA publishes its determination in
the Federal Register. See 49 CFR
107.209(c). A short period of time is
allowed for filing of petitions for
reconsideration. 49 CFR 107.211. A
petition for judicial review of a final
preemption determination must be filed
in the United States Court of Appeals
for the District of Columbia or in the
Court of Appeals for the United States
for the circuit in which the petitioner
resides or has its principal place of
business, within 60 days after the
determination becomes final. 49 U.S.C.
5127(a).
Preemption determinations do not
address issues of preemption arising
under the Commerce Clause, the Fifth
Amendment or other provisions of the
Constitution, or statutes other than the
Federal hazardous material
transportation law unless it is necessary
to do so in order to determine whether
a requirement is authorized by another
Federal law, or whether a fee is ‘‘fair’’
within the meaning of 49 U.S.C.
5125(f)(1). A State, local or Indian tribe
requirement is not authorized by
another Federal law merely because it is
not preempted by another Federal
statute. Colorado Pub. Util. Comm’n v.
Harmon, above, 951 F.2d at 1581 n.10.
In making preemption determinations
under 49 U.S.C. 5125(d), PHMSA is
guided by the principles and policies set
forth in Executive Order No. 13132,
entitled ‘‘Federalism’’ (64 FR 43255
(Aug. 10, 1999)), and the President’s
May 20, 2009 memorandum on
‘‘Preemption’’ (74 FR 24693 (May 22,
2009)). Section 4(a) of that Executive
Order authorizes preemption of State
laws only when a statute contains an
express preemption provision, there is
other clear evidence Congress intended
to preempt State law, or the exercise of
State authority directly conflicts with
the exercise of Federal authority. The
President’s May 20, 2009 memorandum
sets forth the policy ‘‘that preemption of
State law by executive departments and
agencies should be undertaken only
with full consideration of the legitimate
prerogatives of the States and with a
sufficient legal basis for preemption.’’

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Section 5125 contains express
preemption provisions, which PHMSA
has implemented through its
regulations.
IV. Public Comments
All comments should be directed to
whether 49 U.S.C. 5125 preempts
regulations of the State of California that
prohibit an employer from requiring an
employee to work during any
mandatory meal or rest period.
Comments should specifically address
the preemption criteria discussed in
Part II above.
Issued in Washington, DC, on August 23,
2016.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2016–21205 Filed 9–1–16; 8:45 am]
BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2016–0066 (Notice No.
16–16)]

Information Collection Activities
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
PHMSA issues this notice to announce
that the Information Collection Requests
(ICR) discussed below will be forwarded
to the Office of Management and Budget
(OMB) for renewal and extension. This
ICR describes the nature of the
information collection and its expected
burden. On June 27, 2016 [81 FR 41648],
PHMSA published a Federal Register
notice with a 60-day comment period
under Docket No. PHMSA–2016–0066
(Notice No. 2016–10) that solicited
comments pertaining to this ICR.
PHMSA did not receive any comments
in response to the June 27, 2016 notice.
DATES: Interested persons are invited to
submit comments on, or before October
3, 2016.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, by
any of the following methods:
• Mail: Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for DOT–PHMSA, 725 17th
Street NW., Washington, DC 20503.
SUMMARY:

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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices

• Fax: 1–202–395–5806.
• Email: OIRA_Submission@
omb.eop.gov.
Instructions: Comments should refer
to the information collection by title
and/or OMB Control Number.
We invite comments on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Docket: For access to the dockets to
read background documents or
comments received, go to http://
www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT:

Steven Andrews or T. Glenn Foster,
Standards and Rulemaking Division
(PHH–12), Pipeline and Hazardous
Materials Safety Administration, 1200
New Jersey Avenue SE., East Building,
2nd Floor, Washington, DC 20590–0001,
Telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION: Section
1320.8 (d), title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies an information collection
request that PHMSA will be submitting
to OMB for renewal and extension. This
information collection is contained in
49 CFR 171.6 of the Hazardous
Materials Regulations (HMR; 49 CFR
parts 171–180). PHMSA has revised
burden estimates, where appropriate, to
reflect current reporting levels or
adjustments based on changes in
proposed or final rules published since
the information collection was last
approved. The following information is
provided for the information collection:
(1) Title of the information collection,
including former title if a change is
being made; (2) OMB control number;
(3) summary of the information
collection activity; (4) description of
affected public; (5) estimate of total
annual reporting and recordkeeping
burden; and (6) frequency of collection.
PHMSA will request a three-year term of
approval for the information collection
activity and, when approved by OMB,
publish a notice of the approval in the
Federal Register.

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PHMSA requests comments on the
following information collection:
Title: Hazardous Materials Incident
Reports.
OMB Control Number: 2137–0039.
Summary: This collection is
applicable upon occurrence of an
incident as prescribed in §§ 171.15 and
171.16. A Hazardous Materials Incident
Report, DOT Form F 5800.1, must be
completed by a person in physical
possession of a hazardous material at
the time a hazardous material incident
occurs in transportation, such as a
release of materials, serious accident,
evacuation, or closure of a main artery.
Incidents meeting criteria in § 171.15
also require a telephonic report. This
information collection enhances the
Department’s ability to evaluate the
effectiveness of its regulatory program,
determine the need for regulatory
changes, and address emerging
hazardous materials transportation
safety issues. The requirements apply to
all interstate and intrastate carriers
engaged in the transportation of
hazardous materials by rail, air, water,
and highway.
Affected Public: Shippers and carriers
of hazardous materials.
Annual Reporting and Recordkeeping
Burden:
Number of Respondents: 1,781.
Total Annual Responses: 17,810.
Total Annual Burden Hours: 23,746.
Frequency of collection: On occasion.
Issued in Washington, DC, on August 10,
2016, under authority delegated in 49 CFR
part 107.
William S. Schoonover,
Acting Associate Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2016–21202 Filed 9–1–16; 8:45 am]
BILLING CODE 4910–60–P

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
[Docket ID: OCC–2016–0023]

Mutual Savings Association Advisory
Committee and Minority Depository
Institutions Advisory Committee
Office of the Comptroller of the
Currency, Department of the Treasury
(OCC).
ACTION: Request for nominations.
AGENCY:

The OCC is seeking
nominations for members of the Mutual
Savings Association Advisory
Committee (MSAAC) and the Minority
Depository Institutions Advisory
Committee (MDIAC). The MSAAC and

SUMMARY:

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the MDIAC assist the OCC in assessing
the needs and challenges facing mutual
savings associations and minority
depository institutions, respectively.
The OCC is seeking nominations of
individuals who are officers and/or
directors of federal mutual savings
associations, or officers and/or directors
of federal stock savings associations that
are part of a mutual holding company
structure, to be considered for selection
as MSAAC members. The OCC also is
seeking nominations of individuals who
are officers and/or directors of OCCregulated minority depository
institutions, or officers and/or directors
of other OCC-regulated depository
institutions with a commitment to
supporting minority depository
institutions, to be considered for
selection as MDIAC members.
DATES: Nominations must be received
on or before October 7, 2016.
ADDRESSES: Nominations of MSAAC
members should be sent to
[email protected] or
mailed to: Michael R. Brickman, Deputy
Comptroller for Thrift Supervision, 400
7th Street SW., Washington, DC 20219.
Nominations of MDIAC members
should be sent to mdiac.nominations@
occ.treas.gov or mailed to: Beverly F.
Cole, Deputy Comptroller for
Compliance Supervision, 400 7th Street
SW., Washington, DC 20219.
FOR FURTHER INFORMATION CONTACT:
About the MSAAC, Michael R.
Brickman, Deputy Comptroller for Thrift
Supervision, 400 7th Street SW.,
Washington, DC 20219; (202) 649–6450;
[email protected].
About the MDIAC, Beverly F. Cole,
Deputy Comptroller for Compliance
Supervision, 400 7th Street SW.,
Washington, DC 20219; (202) 649–5688;
email: mdiac.nominations@
occ.treas.gov.
SUPPLEMENTARY INFORMATION: The
MSAAC and the MDIAC will be
administered in accordance with the
Federal Advisory Committee Act, 5
U.S.C. App. 2. The MSAAC will advise
the OCC on ways to meet the goals
established by section 5(a) of the Home
Owners’ Loan Act, 12 U.S.C. 1464. The
Committee will advise the OCC with
regard to mutual savings associations on
means to: (1) Provide for the
organization, incorporation,
examination, operation and regulation
of associations to be known as federal
savings associations (including federal
savings banks); and (2) issue charters
therefore, giving primary consideration
of the best practices of thrift institutions
in the United States. The MSAAC will
help meet those goals by providing the
OCC with informed advice and

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