[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Pages 1842-1843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-861]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 382, 385, 391, 393, and 397
RIN 2125-AD71
Federal Motor Carrier Safety Regulations; Technical Amendments
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This document makes technical amendments to various sections
of the Federal Motor Carrier Safety Regulations to correct erroneous
cross-references and to amend references in which the regulations
referenced have been redesignated or removed. In addition, a cautionary
note is added to appendix B of 49 CFR chapter III, subchapter B, to
alert users of the CFR, that this appendix relates solely to Federal
authority, has no application to a State's authority to enforce adopted
regulations, and is not to be included in its present form in any
general adoption of the regulations by the States.
EFFECTIVE DATE: January 24, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Neill Thomas, (202) 366-4009,
Office of Motor Carrier Research and Standards, or Paul L. Brennan,
Office of Chief Counsel, (202) 366-0834. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Rulemaking Analyses and Notices
Because this final rule simply amends various sections of the
Federal Motor Carrier Safety Regulations to correct erroneous cross-
references and to insert a missing subpart heading, the FHWA believes
that prior notice and opportunity for comment are
[[Page 1843]]
unnecessary under 5 U.S.C. 553(b)(3)(B). Similarly, due to the
editorial nature of this final rule, the FHWA has determined that prior
notice and opportunity for comment are not required under the
Department of Transportation's regulatory policies and procedures. It
is not anticipated that provision of a comment period would result in
the receipt of useful information. In this final rule, the FHWA is not
exercising discretion in a way that could be meaningfully affected by
public comment.
In addition, the FHWA finds that good cause exists to dispense with
the 30-day delay in the effective date required by 5 U.S.C. 553(d) due
to the minor and technical nature of these amendments. Thus, the FHWA
is proceeding directly with a final rule which will be effective on its
date of publication.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is neither a significant
regulatory action under Executive Order 12866 nor a significant
rulemaking under the Department of Transportation's regulatory policies
and procedures. It is anticipated that the economic impact of this
action will not be substantial because this rule simply makes minor,
technical corrections to the Federal Motor Carrier Safety Regulations.
Therefore, a full regulatory evaluation is not warranted.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small
entities. Based upon this evaluation, the FHWA certifies that this
final rule will not have a significant economic impact on a substantial
number of small entities.
Executive Order 12612 (Federalism Assessment)
The FHWA has reviewed this action to ensure its compliance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this rulemaking does not raise sufficient
federalism issues to warrant the preparation of a separate Federalism
Assessment. This final rule will not preempt any State law or State
regulation, and no additional costs or burdens will be imposed on the
States. In addition, this rule will have no effect on the States'
ability to discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Number 20.205, Highway
Planning and Construction. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for the purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-3520.
National Environmental Policy Act
The agency has reviewed this action to ensure compliance with the
National Environmental Policy Act of 1960 (42 U.S.C. 4321-4347) and has
determined that this action will not have any effect on the quality of
the environment. Thus, an environmental impact statement is not
required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of 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.
List of Subjects in 49 CFR Parts 382, 385, 391, 393, and 397
Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety.
Issued on: January 5, 1996.
Rodney E. Slater,
Federal Highway Administrator.
The FHWA hereby amends 49 CFR chapter III as set forth below.
PART 382--[AMENDED]
1. The authority citation for part 382 continues to read as
follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; 49 CFR
1.48.
2. In Sec. 382.107, in the introductory text, the words ``or
Sec. 40.73'' are removed.
PART 385--[AMENDED]
3. The authority citation for part 385 continues to read as
follows:
Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144,
31502; and 49 CFR 1.48.
Sec. 385.17 [Amended]
4. In Sec. 385.17, paragraph (a) is amended by removing the
reference ``Sec. 390.40'' and adding in lieu thereof the reference
``Sec. 390.27''.
PART 391--[AMENDED]
5. The authority citation for part 391 continues to read as
follows:
Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR
1.48.
Sec. 391.49 [Amended]
6. In Sec. 391.49, paragraph (b) is amended by removing the two
references to ``Sec. 390.40'' and adding the reference ``Sec. 390.27''
in their stead.
PART 393--[AMENDED]
7. The authority citation for part 393 continues to read as
follows:
Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,
1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.
Sec. 393.25 [Amended]
8. In Sec. 393.25, paragraph (b) is amended by removing the
reference ``Sec. 393.18'' and adding in lieu thereof the reference
``Sec. 393.11''.
Sec. 393.42 [Amended]
9. In Sec. 393.42, paragraph (b)(2) is amended by removing the
reference ``Sec. 393.7(a)(3)'' and adding in lieu thereof the reference
``Sec. 393.71(a)(3)''.
PART 397--[AMENDED]
10. The authority citation for part 397 continues to read as
follows:
Authority: 49 U.S.C. 5101 et seq.; and 49 CFR 1.48.
11. In part 397, subpart A is amended to add the heading:
Subpart A--General
Appendix B--[Amended]
12. In Appendix B to subchapter B of Chapter III, add after the
heading the following:
Appendix B to Subchapter B--Special Agents
Cautionary note: This appendix relates only to Federal authority
to enforce the regulations in this subchapter. In its present form,
it has no application for the States and is not to be included in
any adoption of these regulations by State authorities as a
condition of eligibility for grants under part 350 of this chapter.
* * * * *
[FR Doc. 96-861 Filed 1-23-96; 8:45 am]
BILLING CODE 4910-22-M