Attachment E - Motor Carrier Transportation; Redesignation of Regulations From the Research and Innovative Technology Administration

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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations

§ 201.17 Statements of account covering
compulsory licenses for secondary
transmissions by cable systems.

*

*
*
*
*
(i) Royalty fee payment. (1) All royalty
fees must be paid by a single electronic
funds transfer, and must be received in
the designated bank by the filing
deadline for the relevant accounting
period. The following information must
be provided as part of the EFT and/or
as part of the remittance advice as
provided for in circulars issued by the
Copyright Office:
(i) Remitter’s name and address;
(ii) Name of a contact person,
telephone number and extension, and email address;
(iii) The actual or anticipated date
that the EFT will be transmitted;
(iv) Type of royalty payment (i.e.
cable);

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(v) Total amount submitted via the
EFT;
(vi) Total amount to be paid by year
and period;
(vii) Number of Statements of
Account that the EFT covers;
(viii) ID numbers assigned by the
Licensing Division;
(ix) Legal name of the owner for each
Statement of Account;
(x) Identification of the first
community served (city and state).
(2) The remittance advice shall be
attached to the Statement(s) of Account.
In addition, a copy of the remittance
advice shall be emailed or sent by
facsimile to the Licensing Division.
(3) The Office may waive the
requirement for payment by electronic
funds transfer as set forth in paragraph
(i)(1) of this section. To obtain a waiver,
the remitter shall submit to the
Licensing Division at least 60 days prior
to the royalty fee due date a certified
statement setting forth the reasons
explaining why payment by an
electronic funds transfer would be
virtually impossible or, alternatively,
why it would impose a financial or
other hardship on the remitter. The
certified statement must be signed by a
duly authorized representative of the
entity making the payment. A waiver
shall cover only a single payment
period. Failure to obtain a waiver may
result in the remittance being returned
to the remitter.
*
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*
*
*
■ 4. Amend § 201.28 as follows:
■ a. By revising paragraph (e)(3)(ii);
■ b. By redesignating paragraphs (h)
through (l) as paragraphs (i) through (m)
respectively, and adding a new
paragraph (h);

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■

c. By amending newly redesignated
paragraph (j)(1)(ii) to remove ‘‘(i)(2)’’
and add in its place ‘‘(j)(2)’’;
■ d. By amending newly redesignated
paragraph (j)(3)(i) to remove ‘‘(i)(3)’’ and
add in its place ‘‘(j)(3)’’;
■ e. By amending newly redesignated
paragraph (j)(3)(vi) to remove ‘‘(i)’’ and
add in its place ‘‘(j)’’.

other hardship on the remitter. The
certified statement must be signed by a
duly authorized representative of the
entity making the payment. A waiver
shall cover only a single payment
period. Failure to obtain a waiver may
result in the remittance being returned
to the remitter.
*
*
*
*
*

§ 201.28 Statements of account for digital
audio recording devices or media.

Dated: July 19, 2006.
Marybeth Peters,
Register of Copyrights.
Approved by:
James H. Billington,
Librarian of Congress.
[FR Doc. E6–13113 Filed 8–9–06; 8:45 am]

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*
*
*
(e) * * *
(3) * * *
(ii) The amount of the royalty
payment shall be calculated in
accordance with the instructions
specified in the quarterly Statement of
Account form. Payment shall be made
as specified in § 201.28(h).
*
*
*
*
*
(h) Royalty fee payment. (1) All
royalty fees must be paid by a single
electronic funds transfer, and must be
received in the designated bank by the
filing deadline for the relevant
accounting period. The following
information must be provided as part of
the EFT and/or as part of the remittance
advice as provided for in circulars
issued by the Copyright Office:
(i) Remitter’s name and address;
(ii) Name of a contact person,
telephone number and extension, and
email address;
(iii) The actual or anticipated date
that the EFT will be transmitted;
(iv) Type of royalty payment (i.e.
DART);
(v) Total amount submitted via the
EFT;
(vi) Total amount to be paid by year
and period;
(vii) Number of Statements of
Account that the EFT covers;
(viii) ID numbers assigned by the
Licensing Division;
(ix) Legal name of the owner for each
Statement of Account.
(2) The remittance advice shall be
attached to the Statement(s) of Account.
In addition, a copy of the remittance
advice shall be emailed or sent by
facsimile to the Licensing Division.
(3) The Office may waive the
requirement for payment by electronic
funds transfer as set forth in paragraph
(1) of this section. To obtain a waiver,
the remitter shall submit to the
Licensing Division at least 60 days prior
to the royalty fee due date a certified
statement setting forth the reasons
explaining why payment by an
electronic funds transfer would be
virtually impossible or, alternatively,
why it would impose a financial or

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BILLING CODE 1410–30–S

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 369
Research and Innovative Technology
Administration
49 CFR Part 1420
[Docket No. FMCSA–2005–21313]
RIN 2126–AA92

Motor Carrier Transportation;
Redesignation of Regulations From the
Research and Innovative Technology
Administration
Federal Motor Carrier Safety
Administration (FMCSA) and Research
and Innovative Technology
Administration (RITA), DOT.
ACTION: Final rule; redesignation.
AGENCIES:

SUMMARY: This rule transfers and
redesignates certain motor carrier
reporting regulations currently found in
49 CFR Chapter XI to the Federal Motor
Carrier Safety Administration (FMCSA)
in 49 CFR Chapter III. On August 17,
2004, the Secretary of Transportation
(Secretary) transferred responsibility for
the Motor Carrier Financial and
Operating Statistics Program from the
Bureau of Transportation Statistics, now
a part of the Research and Innovative
Technology Administration, to FMCSA.
Today’s action transfers the applicable
regulations to chapter III of title 49 CFR,
establishes a new part 369 within that
title, and makes conforming technical
amendments to the redesignated
regulations.
EFFECTIVE DATE:

August 10, 2006.

Ms.
Vivian Oliver, IT Operations Division,

FOR FURTHER INFORMATION CONTACT:

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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations
Office of Information Technology, (202)
366–2974, Federal Motor Carrier Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:

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Legal Basis for the Rulemaking
Class I and Class II motor carriers are
required by 49 U.S.C. 14123 to file
annual financial reports with the
Secretary. The Secretary has exercised
his discretion under section 14123 to
also require Class I property carriers
(including dual-property carriers), Class
I household goods carriers, and Class I
passenger carriers to file quarterly
reports. These requirements were
previously delegated to the Bureau of
Transportation Statistics (BTS), now a
part of the Research and Innovative
Technology Administration (RITA).1 In
an August 2004 final rule (69 FR 51009,
Aug. 17, 2004), the Secretary transferred
responsibility for the Motor Carrier
Financial and Operating Statistics
Program from BTS to FMCSA. This final
rule implements the redesignation of the
regulations concerning this program by
transferring these regulations to the
FMCSA portion of title 49 of the Code
of Federal Regulations (CFR), adding a
new part 369 to that title, and making
conforming technical amendments
consisting of nomenclature and address
changes as well as corrections to the
CFR cross-references.
Background
This final rule transfers and
redesignates certain motor carrier
financial and statistical reporting
regulations currently found in 49 CFR
Chapter XI, Part 1420 to FMCSA under
49 CFR Chapter III, and establishes a
new part 369 to accommodate the
redesignated regulations. In the August
17, 2004, final rule, the Secretary
transferred responsibility for the Motor
Carrier Financial and Operating
Statistics Program from BTS, now a part
of DOT’s Research and Innovative
Technology Administration, to FMCSA.
The Secretarial delegation took effect on
September 29, 2004, and today’s final
rule implements the redesignation of the
applicable regulations.
The transfer and redesignation
procedure entails moving 49 CFR Part
1420 from Chapter XI to new Part 369
of 49 CFR Chapter III. We are making no
substantive changes to the regulations.
However, certain technical revisions—
concerning nomenclature, the agency
address for submission of motor carrier
reporting forms, and CFR cross1 The Research and Innovative Technology
Administration was established effective February
20, 2005.

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references—were necessary to reflect the
redelegation of the financial and
statistical reporting program
responsibilities to FMCSA. In the
relevant sections of redesignated part
369, we are changing the words ‘‘Bureau
of Transportation Statistics’’ to ‘‘Federal
Motor Carrier Safety Administration’’
and the acronym ‘‘BTS’’ to ‘‘FMCSA’’;
providing an FMCSA address for
submission of forms; and replacing BTS
regulatory cross-references with crossreferences to the corresponding FMCSA
regulations.
The reporting requirement in new
part 369 applies to motor carriers of
property, household goods carriers, dual
property carriers, and motor carriers of
passengers.
Rulemaking Analyses and Notices
Because the amendments made by
this document relate to departmental
management, organization, procedure,
and practice, prior notice and
opportunity for comment are
unnecessary under 5 U.S.C.
553(b)(3)(A). In addition, prior notice
and opportunity for comment are
unnecessary pursuant to 5 U.S.C.
553(b)(3)(B) because the process of
transferring and redesignating the
sections is merely technical in nature
and proposes no substantive changes to
which public comment could be
solicited.
This final rule is made effective upon
publication in the Federal Register.
FMCSA finds that good cause exists for
this final rule to be exempt from the 30day delayed effective date requirement
of 5 U.S.C. 553(d) because a delay in
effective date is unnecessary and would
not be in the public interest.
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined this action
does not meet the criteria for a
‘‘significant regulatory action’’ as
specified in Executive Order 12866 and
within the meaning of Department of
Transportation regulatory policies and
procedures (44 FR 11034, Feb. 26,
1979). Therefore, this rule has not been
reviewed by the Office of Management
and Budget (OMB). We anticipate the
economic impact of this rulemaking will
be so minimal that a full regulatory
evaluation under paragraph 10e of the
regulatory policies and procedures of
DOT is unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (5 U.S.C. 601–612), as
amended by the Small Business
Regulatory Enforcement and Fairness

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45741

Act (Pub. L. 104–121), we have
evaluated the effects of this rule on
small entities. Based on this evaluation,
the FMCSA Administrator hereby
certifies this action will not have a
significant economic impact on a
substantial number of small entities. As
noted above, this final rule simply
provides notice to the public that the
motor carrier regulations currently
found in 49 CFR Chapter XI are
transferred to 49 CFR Chapter III and
redesignated there. No substantive
changes are being made to the
regulations that would affect small
entities.
Executive Order 12612 (Federalism
Assessment)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
12612. It has been determined this
action does not have sufficient
federalism implications to warrant the
preparation of a federalism assessment.
Unfunded Mandates Reform Act of
1995
FMCSA has determined that the
requirements of Title II of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4; 2 U.S.C. 1532) do not apply to
this rulemaking.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this program.
Executive Order 13132 (Federalism
Assessment)
FMCSA has analyzed this action in
accordance with the principles and
criteria contained in Executive Order
13132 published at 64 FR 43255 (Aug.
10, 1999). The regulations redesignated
and transferred to FMCSA herein do not
preempt State authority or jurisdiction,
or establish any conflicts with existing
State roles in the regulation and
enforcement of commercial motor
vehicle safety. FMCSA has therefore
determined this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
assessment.
Executive Order 12630 (Taking of
Private Property)
This rule will not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.

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Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations

Executive Order 12988 (Civil Justice
Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.

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Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. OMB
approved three information collections
(ICs) developed by BTS in connection
with the reporting forms motor carriers
must use to submit financial and
statistical information. The ICs are titled
‘‘Annual Report of Class I and Class II
Motor Carriers of Property;’’ ‘‘Quarterly
Report of Class I Motor Carriers of
Property,’’ and ‘‘Annual and Quarterly
Report of Class I Motor Carriers of
Passengers,’’ and involve Form M, Form
QFR, and Form MP–1, respectively. The
Secretarial redelegation of August 17,
2004, made FMCSA responsible for
these ICs.
On June 23, 2006, OMB approved a 3year extension of the ICs for Class I and
Class II property carriers. These ICs are
as follows:
OMB Control Number: 2126–0032.
Title: Annual Report of Class I and
Class II Motor Carriers of Property.
Respondents: 3,000.
Estimated Annual Hour Burden for
the Information Collection: 27,000.
Estimated Annual Cost to
Respondents: $979,000.
Expiration Date of OMB Approval:
June 30, 2009.
Form: M.
OMB Control Number: 2126–0033.
Title: Quarterly Report of Class I
Motor Carriers of Property.
Respondents: 1,000.
Estimated Annual Hour Burden for
the Information Collection: 1,800.
Estimated Annual Cost to
Respondents: $65,000.
Expiration Date of OMB Approval:
June 30, 2009.
Form: QFR.
On April 10, 2006, FMCSA published
at 71 FR 18136 a notice with a 60-day
comment period soliciting the public’s
views on the currently approved IC
‘‘Annual and Quarterly Report of Class
I Motor Carriers of Passengers.’’ This IC
is as follows:
OMB Control Number: 2126–0031.
Title: Annual and Quarterly Report of
Class I Motor Carriers of Passengers.

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Respondents: 26.
Estimated Annual Hour Burden for
the Information Collection: 195.
Estimated Annual Cost to
Respondents: $00 (none).
Expiration Date of OMB Approval:
August 31, 2006.
Form: MP–1.
The Agency received two comments
in support of continuation of the Class
I passenger carrier IC. Subsequently,
FMCSA published in the Federal
Register a notice requesting public
comment within 30 days on its intent to
request 3-year renewal of the IC (71 FR
40175, July 14, 2006). The Agency’s
request for review and renewal was
logged in at OMB on August 2, 2006.
National Environmental Policy Act
The agency has analyzed this rule for
the purpose of the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.) and
determined under FMCSA
environmental procedures Order 5610.1,
published March 1, 2004 (69 FR 9680),
that this action is categorically excluded
(CE) under Appendix 2, paragraph 6.b.
of the Order from further environmental
documentation. This CE relates to
establishing regulations that are
editorial or procedural in nature.
In addition, the agency believes this
action includes no extraordinary
circumstances that would have any
effect on the quality of the environment.
Thus the action does not require an
environmental assessment or
environmental impact statement. The
Federal Register notice transmitting
FMCSA’s environmental procedures
Order can be accessed online through
the Government Printing Office (http://
www.gpoaccess.gov), and a copy of the
Order is also available as document 6 in
Docket number 14095, at http://
dms.dot.gov/search/
searchFormSimple.cfm.
We have also analyzed this action
under section 176(c) of the Clean Air
Act (CAA), as amended (42 U.S.C. 7401
et seq.), and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it
involves an administrative action or
organizational changes via the
rulemaking process. See 49 CFR
93.153(c)(2). This action will not result
in any emissions increase, nor does it
have any potential to result in emissions
that are above the general conformity
rule’s de minimis emission threshold
levels. Moreover, it is reasonably
foreseeable that the rule will not
increase total commercial motor vehicle
mileage, change the routing of

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commercial motor vehicles, change how
commercial motor vehicles operate, or
change the commercial motor vehicle
fleet-mix of motor carriers.
Executive Order 13045 (Protection of
Children)
FMCSA has analyzed this action
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not economically
significant and does not create an
environmental risk to health or safety
that would disproportionately affect
children. Therefore, we have
determined the rule is not a ‘‘covered
regulatory action’’ as defined under
Executive Order 13045.
Executive Order 13211 (Energy Supply,
Distribution, or Use)
FMCSA has analyzed this action
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. This action is not
a significant energy action within the
meaning of section 4(b) of the Executive
Order because as a procedural action it
is not economically significant and
would not have a significant adverse
effect on the supply, distribution, or use
of energy.
List of Subjects
49 CFR Part 1420
Motor carriers, Reporting and
recordkeeping requirements.
49 CFR Part 369
Motor carriers, Reporting and
recordkeeping requirements.
■ In consideration of the foregoing and
under the authority of 49 U.S.C. 104 and
721(a), FMCSA and RITA hereby amend
49 CFR chapters III and XI as set forth
below:
PART 1420—[REDESIGNATED AS
PART 369]
1. Part 1420 in 49 CFR Chapter XI is
transferred to 49 CFR Chapter III and
redesignated as new part 369. The
redesignated regulations are set forth in
the following table:

■

REDESIGNATION TABLE
Old section

New section

1420 Part heading

369 Part heading

1420.1
1420.2
1420.3
1420.4
1420.5
1420.6

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............................
............................
............................
............................
............................
............................

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369.1
369.2
369.3
369.4
369.5
369.6

Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations
REDESIGNATION TABLE—Continued
Old section

New section

1420 Part heading

369 Part heading

1420.7 [Reserved] ..........
1420.8 ............................
1420.9 ............................
1420.10 ..........................
1420.11 ..........................

revising all references to ‘‘§ 1420.6’’ to
read ‘‘§ 369.6’’.
§ 369.1

369.7 [Reserved]
369.8
369.9
369.10
369.11

[Amended]

6. Amend redesignated § 369.1 by
removing the words ‘‘§ 1420.2’’ in
paragraph (a) and adding, in their place,
the words ‘‘§ 369.2’’.

■

§ 369.5

[Amended]

7. Amend redesignated § 369.5 by
removing the words ‘‘part 1220’’ and
adding, in their place, the words ‘‘Part
379’’.

■

2. The authority citation for
redesignated part 369 is added to read
as follows:

■

Authority: 5 U.S.C. 553 and 559; 16 U.S.C.
1456; 49 U.S.C. 14123; 49 CFR 1.73.

PART 369—[AMENDED]
3. In redesignated part 369, revise all
references to ‘‘Bureau of Transportation
Statistics’’ to read ‘‘Federal Motor
Carrier Safety Administration’’.
■

4. Further amend redesignated part
369 by revising all references to ‘‘BTS’’
to read ‘‘FMCSA’’.

■

5. Further amend redesignated part
369 by revising all references to
‘‘§ 1420.1’’ to read ‘‘§ 369.1’’ and by

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■

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§ 369.6

[Amended]

8. Amend redesignated § 369.6 by
removing the words ‘‘Bureau of
Transportation Statistics, U.S.
Department of Transportation, K–13’’
and adding, in their place, the words
‘‘Federal Motor Carrier Safety
Administration, Office of Information
Management.’’

■

§ 369.8

[Amended]

9. Amend redesignated § 369.8 by
revising as follows:
■ a. In paragraph (c), remove the words
‘‘§ 1420.9(c)’’ and add, in their place,
the words ‘‘§ 369.9(c)’’.
■

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45743

b. In paragraph (d), remove the words
‘‘§ 1420.9(d)’’ and add, in their place,
the words ‘‘§ 369.9(d)’’.

■

§ 369.10

[Amended]

10. Amend redesignated § 369.10 by
removing the words ‘‘§ 1420.9’’ in
paragraphs (b)(1) and (2) and adding, in
their place, the words ‘‘§ 369.9’’.

■

§ 369.11

[Amended]

11. Amend redesignated § 369.11 by
revising as follows:
■ a. Remove the words ‘‘§ 1420.3(a)’’
and add, in their place, the words
‘‘§ 369.3(a)’’.
■ b. Remove the words ‘‘Office of the
Bureau of Transportation Statistics’’ and
add, in their place, the words ‘‘FMCSA
Office of Information Management’’.
■

Issued on: August 3, 2006.
David H. Hugel,
Acting Administrator, Federal Motor Carrier
Safety Administration.
Ashok G. Kaveeshwar,
Administrator, Research and Innovative
Technology Administration.
[FR Doc. E6–12962 Filed 8–9–06; 8:45 am]
BILLING CODE 4910–EX–P

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