Motor carrier safety standards: Technical corrections,

[Federal Register: May 22, 1998 (Volume 63, Number 99)]

[Rules and Regulations]

[Page 28286-28287]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22my98-18]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 365, 372, 373, 374, and 377

RIN 2125-AE41

Federal Motor Carrier Regulations; Authority Corrections

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

SUMMARY: This document makes technical amendments to the authority statements for various FHWA motor carrier regulations in order to remove the obsolete authority citations provided in the subparts. This correction is necessary due to changes required by the ICC Termination Act of 1995 (ICCTA) and the transfer of certain regulatory functions to the FHWA from the former Interstate Commerce Commission (ICC). The effect of these amendments is to remove the outdated authority citations listed in the subparts.

DATES: This final rule is effective May 22, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Falk, Office of the Chief Counsel, Motor Carrier Law Division, (202) 366-1384, Federal Highway Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On October 21, 1996, the FHWA published a final rule that transferred and redesignated certain motor carrier transportation regulations from chapter X of title 49, Code of Federal Regulations, to the FHWA in chapter III of that title. See Motor Carrier Transportation; Redesignation of Regulations From the Surface Transportation Board Pursuant to the ICC Termination Act of 1995 [61 FR 54706]. Another document also made technical amendments to former ICC regulations and was published on April 1, 1997. Technical Amendments to Former Interstate Commerce Commission Regulations in Accordance With the ICC Termination Act of 1995. [62 FR 15417]. The technical changes made in both of these documents were required by section 204 of the ICCTA, Public Law 104-88, 109 Stat. 803. Part 365, Rules for governing applications for operating authority, subpart D (formerly part 1181); part 372, Exemptions, commercial zones, and terminal areas, subparts A, B, and C (formerly parts 1047, 1048, and 1049, respectively); part 373, Receipts and bills, subparts A and B (formerly parts 1051 and 1081, respectively); part 374, Passenger carrier regulations, subparts A, B, C, and D (formerly parts 1055, 1061, 1063, and 1064, respectively); and part 377, Payment of transportation charges, subparts A and B (formerly parts 1052 and 1320, respectively) included in the new statutory authority at the part level, but inadvertently failed to remove the former ICC authority at the subpart levels. Accordingly, the FHWA removes the obsolete ICC authority citations in the subpart levels noted above and retains the current authority citations in the part levels which reflect the changes mandated by the ICCTA.

Rulemaking Analyses and Notices

This final rule makes only minor technical corrections to existing regulations by removing obsolete ICC authority citations at the subpart levels of FHWA regulations. This rule replaces outdated authority citations with current statutory authority and the regulatory standards are not changed in any way. Therefore, the FHWA finds good cause to adopt the rule without prior notice or opportunity for public comment

[5 U.S.C. 553(b)] . The Department of Transportation's regulatory policies and procedures also authorize promulgation of the rule without prior notice because it is anticipated that such action would not result in the receipt of useful information. The FHWA is making this rule effective upon publication in the Federal Register because it imposes no new burdens and merely corrects existing regulations.

Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures

The FHWA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or significant within the meaning of Department of Transportation regulatory policies and procedures. Since this rulemaking action makes only technical corrections to the current regulations, it is anticipated that the economic impact of this rulemaking will be minimal; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on small entities. Based on the evaluation, and since this rulemaking action makes only technical corrections to the authority citations in current regulations, the FHWA hereby certifies that this action will not have a significant impact on a substantial number of small entities.

Unfunded Mandates Reform Act

This rule does not impose any unfunded mandates on State, local, or tribal governments as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532).

Excutive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that this action does not have sufficient federalism implications to warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor Carrier Safety. The regulations implementing Executive Order 12372 regarding intergovernmental consultation of Federal programs and activities do not apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information requirement for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 44 U.S.C. 3501 et seq.,

National Environmental Policy Act

The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 432 et seq.) and has determined that this action would not have any effect on the quality of the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda for Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda.

[[Page 28287]]

List of Subjects

49 CFR Part 365

Administrative practice and procedures, Brokers, Buses, Freight forwarders, Highways and roads, Motor carriers.

49 CFR Part 372

Buses, Commercial zones, Freight forwarders, Highway and roads, Motor carriers.

49 CFR Part 373

Buses, Highways and roads, Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 374

Baggage liability, Buses, Civil rights, Discrimination, Freight forwarders, Handicapped, Highways and roads, Motor carrier.

49 CFR Part 377

Credit, Freight forwarders, Highways and roads, Motor carriers.

Issued on: May 14, 1998. Kenneth R. Wykle, Federal Highway Administrator.

In consideration of the foregoing, the FHWA amends title 49, Code of Federal Regulations, chapter III, as set forth below:

PART 365--[AMENDED]

1. The authority citation for 49 CFR part 365 continues to read as follows:

   Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.48.

   1a. The authority citation for subpart D is removed.

   PART 372--[AMENDED]

2. The authority citation for 49 CFR part 372 continues to read as follows:

   Authority: 49 U.S.C. 13504 and 13506; 49 CFR 1.48.

   2a. The authority citations for subparts A, B, and C are removed.

   PART 373--[AMENDED]

3. The authority citation for part 373 continues to read as follows:

   Authority: 49 U.S.C. 13301 and 14706; 49 CFR 1.48.

   3a. The authority citations for subparts A and B are removed.

   PART 374--[AMENDED]

4. The authority citation for part 374 continues to read as follows:

   Authority: 49 U.S.C. 13301 and 14101; 49 CFR 1.48.

   4a. The authority citations for subparts A, B, C, and D are removed.

   PART 377--[AMENDED]

5. The authority citation for 49 CFR part 377 continues to read as follows:

   Authority: 49 U.S.C. 13101, 13301, 13701-13702, 13706, 13707, and 14101; 49 CFR 1.48.

   5a. The authority citations for subparts A and B are removed.

   [FR Doc. 98-13436Filed5-21-98; 8:45 am]

   BILLING CODE 4910-22-M