Rulemaking Procedures Update
| Published date | 01 March 2021 |
| Citation | 86 FR 11891 |
| Record Number | 2021-04110 |
| Section | Rules and Regulations |
| Court | Federal Motor Carrier Safety Administration |
11891
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
27
The CDC has stated that brief periods of close
contact without a mask should not exceed 15
minutes. https://www.cdc.gov/coronavirus/2019-
ncov/php/public-health-recommendations.html.
28
Persons who are experiencing difficulty
breathing or shortness of breath or are feeling
winded may remove the mask temporarily until
able to resume normal breathing with the mask.
Persons who are vomiting should remove the mask
until vomiting ceases. Persons with acute illness
may remove the mask if it interferes with necessary
medical care such as supplemental oxygen
administered via an oxygen mask. 86 FR 8027,
FN 7.
29
Railroad carriers may impose requirements on
employees requesting an exemption from the
requirement to wear a mask, including medical
consultation by a third party, medical
documentation by a licensed medical provider,
and/or other information as determined by the
railroad carrier, as well as require evidence that the
person does not have COVID–19, such as a negative
result from a SARS–CoV–2 viral test or
documentation of recovery from COVID–19. CDC
definitions for SARS–CoV–2 viral test and
documentation of recovery are available in
Frequently Asked Questions at: https://
www.cdc.gov/coronavirus/2019-ncov/travelers/
testing-international-air-travelers.html. Railroad
carriers may also impose additional protective
measures that improve the ability of an employee
eligible for exemption to maintain social distance
(separation from others by 6 feet). Railroad carriers
may further require that employees seeking
exemption from the requirement to wear a mask
request an exemption in advance.
30
This is a narrow exception that includes a
person with a disability who cannot wear a mask
for reasons related to the disability. CDC states it
will issue additional guidance regarding persons
who cannot wear a mask under this exemption.
https://www.cdc.gov/quarantine/masks/mask-
travel-guidance.html. 86 FR at 8027–28.
31
For example, a maintenance shop employee
performing welding operations may be exempt from
this E.O., due to potential mask flammability
concerns.
medications.
27
Note: Prolonged periods
of mask removal are not permitted for
eating or drinking; the mask must be
worn between bites and sips.
3. While communicating with a
person who is deaf or hard of hearing,
when the ability to see the mouth is
essential for communication.
4. If unconscious (for reasons other
than sleeping), incapacitated, unable to
be awakened, or otherwise unable to
remove the mask without assistance.
28
5. When necessary to temporarily
remove the mask to provide a breath or
saliva specimen for required alcohol
testing under U.S. Department of
Transportation drug and alcohol testing
regulations or an employer-mandated
substance abuse testing program.
(C) The following persons are
exempted from wearing masks:
1. Persons in private conveyances
operated solely for personal, non-
commercial use.
2. A driver, when operating a
commercial motor vehicle, such as a
crew transportation van, limo, or taxi, as
this term is defined in 49 CFR 390.5, if
the driver is the sole occupant of the
vehicle.
3. A person who is the sole occupant
of an enclosed cab of a locomotive, hi-
rail vehicle, roadway maintenance
machine, or any other on-track
equipment that has an enclosed cab.
(D) This E.O. exempts the following
categories of persons from wearing
masks:
29
1. People with disabilities who cannot
wear a mask, or cannot safely wear a
mask, because of the disability as
defined by the Americans with
Disabilities Act (42 U.S.C. 12101 et
seq.).
30
2. People for whom wearing a mask
would create a risk to workplace health,
safety, or job duty as determined by the
relevant workplace safety guidelines or
Federal regulations.
31
Preemption
The requirements in this E.O. do not
preempt any State, local, Tribal, or
territorial rule, regulation, order, or
standard necessary to eliminate or
reduce a local safety hazard, which
includes public health measures that are
the same or more protective of public
health than those required in this E.O.,
if that provision is not incompatible
with this E.O.
Relief
Any railroad carrier affected by this
E.O. may petition for special approval to
take actions not in accordance with this
E.O. Petitions must be submitted to the
Associate Administrator for Railroad
Safety, who is authorized to act on those
requests without amending this E.O. In
reviewing any petition for special
approval, the Associate Administrator
will grant petitions only if the petitioner
has clearly articulated an alternative
action that will provide, in the
Associate Administrator’s judgment, at
least a level of safety equivalent to that
provided by compliance with this E.O.
Civil Penalties
Any violation of this E.O. may subject
the person (a railroad carrier)
committing the violation to a civil
penalty of up to $118,826 for each day
the violation continues. 49 U.S.C. 21301
and 86 FR 1751 (Jan. 11, 2021). Any
individual (railroad personnel) who
willfully violates a provision stated in
this order is subject to civil penalties
under 49 U.S.C. 21301. In addition, any
individual (railroad personnel) whose
violation of this order demonstrates the
individual’s unfitness for safety-
sensitive service may be removed from
safety-sensitive service on the railroad
under 49 U.S.C. 20111. FRA may,
through the Attorney General, also seek
injunctive relief to enforce this Order.
49 U.S.C. 20112.
Effective Date and Notice to Affected
Persons
This E.O. is effective upon issuance
and railroad carriers subject to this E.O.
must immediately initiate steps to
implement this E.O. This E.O. remains
in effect until the CDC Order is
modified or rescinded based on specific
public health or other considerations,
until the U.S. Secretary of Health and
Human Services rescinds the
determination under section 319 of the
Public Health Service Act (42 U.S.C.
247d) that a public health emergency
exists, or until rescinded by FRA, unless
FRA extends its terms by subsequent
notice published in the Federal
Register.
Review
Opportunity for formal review of this
E.O. will be provided under 49 U.S.C.
20104(b) and 5 U.S.C. 554.
Administrative procedures governing
such review are at 49 CFR part 211.
Issued in Washington, DC, on February 24,
2021.
Amitabha Bose,
Acting Administrator, Federal Railroad
Administration.
[FR Doc. 2021–04233 Filed 2–25–21; 4:15 pm]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 389
[FMCSA–2016–0341]
RIN 2126–AB96
Rulemaking Procedures Update
AGENCY
: Federal Motor Carrier Safety
Administration (FMCSA), U.S.
Department of Transportation.
ACTION
: Final rule; delay of effective
date.
SUMMARY
: In accordance with the
memorandum of January 20, 2021, from
the Assistant to the President and Chief
of Staff, titled ‘‘Regulatory Freeze
Pending Review,’’ the Department
delays the effective date of the final
rule, ‘‘Rulemaking Procedures Update,’’
until March 21, 2021.
DATES
: As of March 1, 2021, the
effective date of the final rule published
on December 31, 2020, at 85 FR 86843,
is delayed until March 21, 2021.
FOR FURTHER INFORMATION CONTACT
: Mr.
Steven J. LaFreniere, Regulatory
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11892
Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
Ombudsman, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Ave. SE, Washington, DC 20590–0001,
(202) 366–0596, steven.lafreniere@
dot.gov.
SUPPLEMENTARY INFORMATION
:
Electronic Access and Filing
A copy of the notice of proposed
rulemaking (82 FR 36719, August 7,
2017), all comments received, the final
rule, and all background material may
be viewed online at http://
www.regulations.gov using the docket
number listed above. A copy of this
document will be placed in the docket.
Electronic retrieval help and guidelines
are available on the website. It is
available 24 hours each day, 365 days
each year. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
website at http://www.ofr.gov and the
Government Publishing Office’s website
at http://www.gpo.gov.
Background
On January 20, 2021, the Assistant to
the President and Chief of Staff issued
a memorandum titled, ‘‘Regulatory
Freeze Pending Review.’’ The
memorandum requested that the heads
of executive departments and agencies
(agencies) take steps to ensure that the
President’s appointees or designees
have the opportunity to review any new
or pending rules. With respect to rules
published in the Federal Register, but
not yet effective, the memorandum
asked that agencies consider postponing
the rules’ effective dates for 60 days
from the date of the memorandum (i.e.,
March 21, 2021) for the purpose of
reviewing any questions of fact, law,
and policy the rules may raise.
In accordance with this direction,
FMCSA has decided to delay the
effective date of the final rule,
‘‘Rulemaking Procedures Update’’ (RIN
2126–AB96), until March 21, 2021. The
final rule amends FMCSA’s rulemaking
procedures by revising the process for
preparing and adopting rules and
petitions. Also, the Agency adds new
definitions, and makes general
administrative corrections throughout
its rulemaking procedures. The delay in
the rule’s effective date will afford the
President’s appointees or designees an
opportunity to review the rule and will
allow for consideration of any questions
of fact, law, or policy that the rule may
raise before it becomes effective.
Waiver of Rulemaking and Delayed
Effective Date
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), FMCSA
generally offer interested parties the
opportunity to comment on proposed
regulations and publish rules not less
than 30 days before their effective dates.
However, the APA provides that an
agency is not required to conduct
notice-and-comment rulemaking or
delay effective dates when the agency,
for good cause, finds that the
requirement is impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(B) and (d)(3)).
There is good cause to waive both of
these requirements here as they are
impracticable. A delay in the effective
date of the final rule, ‘‘Rulemaking
Procedures Update,’’ is necessary for the
President’s appointees and designees to
have adequate time to review the rule
before it takes effect, and neither the
notice and comment process nor the
delayed effective date could be
implemented in time to allow for this
review.
List of Subjects in 49 CFR Part 389
Administrative practice and
procedure, Highway safety, Motor
carriers, Motor vehicle safety.
Issued under authority delegated in 49 CFR
1.87.
John W. Van Steenburg,
Assistant Administrator.
[FR Doc. 2021–04110 Filed 2–26–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2020–0050;
FF09E21000 FXES11110900000 212]
RIN 1018–BF01
Endangered and Threatened Wildlife
and Plants; Revised Designation of
Critical Habitat for the Northern
Spotted Owl; Delay of Effective Date
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Final rule; delay of effective
date and request for comments.
SUMMARY
: We, the U.S. Fish and
Wildlife Service, are delaying the
effective date of a final rule we
published on January 15, 2021, revising
the designation of critical habitat for the
northern spotted owl (Strix occidentalis
caurina) under the Endangered Species
Act of 1973, as amended (ESA) (January
15, 2021, Final Rule). In addition, this
action opens a 30-day comment period
to allow interested parties to comment
on issues of fact, law, and policy raised
by that rule and whether further delay
of the effective date is necessary.
DATES
: As of March 1, 2021, the
effective date of the final rule that
published on January 15, 2021, at 86 FR
4820, is delayed from March 16, 2021,
to April 30, 2021.
Comment Period: To be assured
consideration, comments must be
received or postmarked by March 31,
2021.
ADDRESSES
: You may submit comments
using either of the following methods:
Electronically via the Federal
eRulemaking Portal: Please visit https://
www.regulations.gov. In the Search Box,
enter FWS–R1–ES–2020–0050, which is
the docket number for this action, and
click ‘‘search’’ to view the publications
associated with the docket folder.
Locate the document with an open
comment period and follow the
instructions to submit your comments
prior to the close of the comment
period.
By hard copy: Submit by U.S. mail to:
Public Comments Processing, Attn:
FWS–R1–ES–2020–0050, U.S. Fish and
Wildlife Service, MS: JAO/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and locate the
docket folder for FWS–R1–ES–2020–
0050.
FOR FURTHER INFORMATION CONTACT
:
Bridget Fahey, Division of Conservation
and Classification, U.S. Fish and
Wildlife Service, Falls Church, VA
22041, telephone 703–358–2172.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION
:
I. Background
On January 15, 2021, we published a
final rule (86 FR 4820) revising critical
habitat for the northern spotted owl by
excluding additional areas from
designation as critical habitat pursuant
to the Secretary of the Interior’s
authority under section 4(b)(2) of the
ESA (16 U.S.C. 1531 et seq.). On January
20, 2021, the White House issued a
memorandum instructing Federal
agencies to consider postponing the
effective date after January 20, 2021, of
any rules that have published in the
Federal Register but not yet taken effect,
for the purpose of reviewing any
questions of fact, law, and policy the
rules may raise (86 FR 7424; January 28,
2021) (‘‘Regulatory Freeze
Memorandum’’).
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