[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Pages 17578-17579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9704]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 79

[Docket No. OST-96-1258; Notice 96-8]
RIN 2105-AC41


Medals of Honor

AGENCY: Office of the Secretary, Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: DOT is clarifying its regulations regarding award of Medals of 
Honor for bravery in land transportation accidents/incidents. This 
action is taken on the Department's initiative in response to the 
President's Regulatory Reinvention Initiative.

EFFECTIVE DATE: May 22, 1996.

FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General 
Counsel, C-10, Department of Transportation, Washington, DC 20590, 
telephone (202) 366-9156, FAX (202) 366-9170.

SUPPLEMENTARY INFORMATION: Acting through DOT, the President of the 
United States may award a bronze medal for bravery to any person who, 
by extreme daring, risks his/her life in trying to prevent, or to save 
the life of a person in, a grave accident in the United States that 
involves an interstate rail carrier or a motor vehicle being operated 
on public highways. See 49 U.S.C. 80504. The regulations implementing 
this authority were last amended in 1968. DOT is revising them in order 
to simplify language and otherwise make them easier to understand. 
Because these changes are editorial in nature and do not change the 
substantive requirements, the Department finds that notice and comment 
are unnecessary and contrary to the public interest.

Analysis of Regulatory Impacts

    This amendment is not a ``significant regulatory action'' within 
the meaning of Executive Order 12866. It is also not significant within 
the definition in DOT's Regulatory Policies and Procedures, 49 FR 11034 
(1979), in part because it does not involve any change in important 
Departmental policies. There will be no economic impact as a result of 
this change. Moreover, I certify that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule does not significantly affect the environment, and 
therefore an environmental impact statement is not required under the 
National Environmental Policy Act of 1969. It has also been reviewed 
under Executive Order 12612, Federalism, and it has been determined 
that it does not have sufficient implications for federalism to warrant 
preparation of a Federalism Assessment.
    Finally, the rule does not contain any collection of information 
requirements, requiring review under the Paperwork Reduction Act of 
1980.

List of Subjects in 49 CFR Part 79

    Decorations, Medals, Awards.

    In accordance with the above, DOT revises 49 CFR Part 79, to read 
as follows:

PART 79--MEDALS OF HONOR

Sec.
79.1  Scope.
79.3  Application.
79.5  Investigation.
79.7  Award.
79.9  Design.

    Authority: 49 U.S.C. 80504.


Sec. 79.1   Scope.

    (a) This Part implements 49 U.S.C. 80504, which authorizes the 
President of the United States to award a bronze medal for bravery to 
any person who, by extreme daring, risks his/her life in trying to 
prevent, or to save the life of a person in, a grave accident/incident 
in the United States that involves an interstate rail carrier or a 
motor vehicle being operated on public highways.
    (b) The actions for which the medal may be awarded must reflect 
such unusual daring and bravery that a person would not normally be 
expected to perform them as a regular part of his/her regular work or 
vocation.


Sec. 79.3   Application.

    (a) Any person may apply for the award of the medal described in 
Sec. 79.1, but only on behalf of another person, by writing to the 
Secretary of Transportation, Attention: Medals of Honor, within two (2) 
years of the action that is the subject of the application.
    (b) Although no application form is required, the following 
information must be provided:
    (1) Name, address, and telephone number of the person submitting 
the application.
    (2) Name, address, and telephone number of the person on whose 
behalf the application is submitted.
    (3) Date, time, place, and weather conditions of the action that is 
the subject of the application.

[[Page 17579]]

    (4) Identification of rail or motor carrier involved, or of 
operator of motor vehicles involved.
    (5) Identification of any public or private authority that 
investigated the accident/incident involved.
    (6) Name, address, and telephone number of any witness to the 
action that is the subject of the application.
    (7) Detailed description of the action that is the subject of the 
application, including why the person submitting the application thinks 
that the action merits the extraordinary recognition embodied in the 
Medal of Honor.
    (c) An application and any documentary or other evidence supporting 
it must be supported by oath or affirmation, or by the signer's 
acknowledgment that a knowingly false statement is punishable as 
perjury.


Sec. 79.5   Investigation.

    The Department of Transportation may make any investigation of an 
application that it deems appropriate, including the taking of 
testimony under oath or affirmation.


Sec. 79.7   Award.

    If the Secretary of Transportation decides that it is warranted, 
the Secretary shall award the Medal on behalf of and in the name of the 
President of the United States.


Sec. 79.9   Design.

    The Department is authorized to adopt and revise the existing 
designs for the award, rosette, and ribbon provided for by statute.

    Issued in Washington, DC, on this 1st day of April, 1996.
Federico Pena,
Secretary of Transportation.
[FR Doc. 96-9704 Filed 4-19-96; 8:45 am]
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