[Federal Register: May 22, 1998 (Volume 63, Number 99)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 365, 372, 373, 374, and 377
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effect of these amendments is to remove the outdated authority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
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
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,
49 CFR Part 373
Buses, Highways and roads, Motor carriers, Reporting and
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:
1. The authority citation for 49 CFR part 365 continues to read as
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.
2. The authority citation for 49 CFR part 372 continues to read as
Authority: 49 U.S.C. 13504 and 13506; 49 CFR 1.48.
2a. The authority citations for subparts A, B, and C are removed.
3. The authority citation for part 373 continues to read as
Authority: 49 U.S.C. 13301 and 14706; 49 CFR 1.48.
3a. The authority citations for subparts A and B are removed.
4. The authority citation for part 374 continues to read as
Authority: 49 U.S.C. 13301 and 14101; 49 CFR 1.48.
4a. The authority citations for subparts A, B, C, and D are
5. The authority citation for 49 CFR part 377 continues to read as
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. 98-13436 Filed 5-21-98; 8:45 am]
BILLING CODE 4910-22-M