DOT Secretary Transfer of F&OS Program to BTS

[Federal Register: September 30, 1998 (Volume 63, Number 189)]

[Rules and Regulations]

[Page 52192-52193]

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

[DOCID:fr30se98-20]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X, Part 1249

Bureau of Transportation Statistics

49 CFR Chapter XI, Part 1420

RIN 2139-AA06

Reports of Motor Carriers; Redesignation of Regulations Pursuant

to the ICC Termination Act of 1995

AGENCIES: Bureau of Transportation Statistics (BTS) and Surface

Transportation Board (STB), DOT.

ACTION: Final rule; redesignation.

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SUMMARY: This document establishes a new chapter in the Code of Federal

Regulations (CFR) for the BTS and transfers and redesignates

regulations concerning reports of motor carriers, currently found in

the STB's CFR chapter, to the BTS's new CFR chapter. The ICC

Termination Act of 1995 (ICCTA), which was enacted on December 29,

1995, and took effect on January 1, 1996, abolished the Interstate

Commerce Commission (ICC) and transferred certain of the ICC's

functions and proceedings to either the STB or the Secretary of

Transportation. As pertinent here, responsibility for the collection

and dissemination of motor carrier financial information was

transferred to the Secretary of Transportation, who has delegated that

responsibility to the BTS. This action reflects that change.

EFFECTIVE DATE: This rule is effective September 30, 1998.

FOR FURTHER INFORMATION CONTACT: For BTS: David Mednick, K-2, 400

Seventh Street, SW., Washington, DC 20590; (202) 366-8871. For STB:

Beryl Gordon, Deputy Director, Office of Proceedings, 1925 K St., NW.,

Washington, DC 20423; (202) 565-1600 [TDD for the hearing impaired:

(202) 565-1695].

SUPPLEMENTARY INFORMATION: This document transfers the regulations for

motor carrier finance reports, currently found in 49 CFR part 1249, and

redesignates them as 49 CFR part 1420. The regulations at part 1249

were issued by the ICC. The ICCTA, Pub. L. 104-88, 109 Stat. 803 (1995)

abolished the ICC and transferred certain functions and proceedings

either to the STB or the Secretary of Transportation. As pertinent

here, the motor carrier financial and operating data collection

provisions of 49 U.S.C. 14123 were transferred to the Secretary of

Transportation, and the Secretary has delegated the responsibility for

these provisions to the BTS.

The regulations for motor carrier finance reporting, however, are

still located in 49 CFR Chapter X, which have since been assigned for

the use of the STB.<SUP>1</SUP> In order for BTS to modify these

regulations, and for administrative clarity, these regulations are

being transferred to 49 CFR Chapter XI, part 1420. This transfer and

redesignation

[[Page 52193]]

will not result in any substantive changes to the regulations. It will

have no effect on the proposed establishment of a negotiated rulemaking

advisory committee, Negotiated Rulemaking Committee to Revise the Motor

Carrier Financial and Operating Data Collection Program, 61 FR 64849

(Dec. 9, 1996).

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\1\ Other ICC regulations that were formerly located at 49 CFR

chapter X, and that were transferred to the Secretary of

Transportation by the ICCTA, were delegated to the Federal Highway

Administration and have already been redesignated to another

chapter. See Motor Carrier Transportation; Redesignation of

Regulations from the Surface Transportation Board Pursuant to the

ICC Termination Act of 1995, 61 FR 54706 (October 21, 1996).

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This action makes no substantive changes to the motor carrier

financial and operating data collection regulations. It simply provides

notice to the public that certain regulations currently found in 49 CFR

chapter X are being moved to 49 CFR chapter XI. Therefore, BTS believes

that prior notice and opportunity to comment are unnecessary and that

good cause exists to dispense with the 30-day delay in effective date

requirement so that BTS may administer these regulations

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This action is exempt from the Office of Management and Budget

review under Executive Order 12866 since it is a technical correction

that does not materially affect the substance of the underlying rule.

This action simply transfers the regulations now located at 49 CFR part

1249 from Chapter X to Chapter XI and redesignates them as 49 CFR part

1420.

Regulatory Flexibility Act

The BTS certifies that this action will not have a significant

economic effect on a substantial number of small entities. As noted

above, this action simply redesignates the regulations for motor

carrier finance reports, and it makes no substantive changes.

Executive 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.

Paperwork Reduction Act

This action does not establish a collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501 et seq.

National Environmental Policy Act

This action will not significantly affect either the quality of the

human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1249

Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 1420

Motor carriers, Reporting and recordkeeping requirements.

Issued on: September 23, 1998.

Robert A. Knisely,

Deputy Director, Bureau of Transportation Statistics.

Linda J. Morgan,

Chairman, Surface Transportation Board.

In consideration of the foregoing and under the authority of 49

U.S.C. 111, 721(a), and 14123, the BTS establishes a new chapter XI in

title 49 of the CFR, and the BTS and the STB hereby amend chapters X

and XI of 49 CFR as set forth below:

1. Title 49 is amended by establishing chapter XI (consisting of

subchapters A and B) to read as follows:

CHAPTER XI--BUREAU OF TRANSPORTATION STATISTICS, DEPARTMENT OF

TRANSPORTATION

SUBCHAPTER A--[RESERVED]

SUBCHAPTER B--REPORTS

PART 1420--REPORTS OF MOTOR CARRIERS

Chapter X, Part 1429--[Redesignated as Chapter XI, Part 1420]

2. Part 1249 in 49 CFR Chapter X is redesignated as Part 1420 and

transferred to 49 CFR Chapter XI.

[FR Doc. 98-26065 Filed 9-29-98; 8:45 am]

BILLING CODE 4910-FE-P