[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)] [Rules and Regulations] [Pages 20496-20497] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-11373] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 49 CFR Part 397 RIN 2125-AD90 Transportation of Hazardous Materials Regulations; Technical Amendment AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: This document makes a technical amendment to correct the authority citation for 49 CFR part 397. A citation which was erroneously deleted will be reinserted, and other specific references will be added to update this authority citation. EFFECTIVE DATE: May 7, 1996. FOR FURTHER INFORMATION CONTACT: Mr. Nathan C. Root, Office of Motor Carrier Research and Standards, (202) 366-4009 or Raymond W. Cuprill, 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: Background In 1988, in the course of making other changes to part 397, the Federal Highway Administration (FHWA) inadvertently eliminated from the authority citation the reference to section 204 of the Interstate Commerce Act, as amended (formerly found at 49 U.S.C. 304). The FHWA did not intend to eliminate this reference, and with this rulemaking, the FHWA is simply reinserting into the authority citation this reference (now codified at 49 U.S.C. 31502). The FHWA is also adding to the authority a reference to 49 U.S.C. 31136 (formerly section 206 of the Motor Carrier Safety Act of 1984). This citation refers to the authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety. In addition, the FHWA is amending in the authority section the current reference to 49 U.S.C. 5101 et seq. in order to reflect the specific sections of the law--49 U.S.C. 5112 and 5125--that provide the authority for the regulations found in subparts C through E of 49 CFR part 397. Rulemaking Analyses and Notices This final rule simply revises the authority citation for the FHWA's Transportation of Hazardous Materials regulations to remove an incorrect reference and to insert several references, one of which was used previously but was then erroneously removed. Thus, the FHWA believes that prior notice and opportunity for comment are 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 Because this rule simply makes minor, technical corrections to the authority citation for 49 CFR part 397, this rulemaking is not likely to have an annual effect on the economy of $100 million or more. It is also not expected to cause an adverse effect on any sector of the economy. In addition, no serious inconsistency or interference with another agency's actions or plans will result. Thus, the FHWA has determined that this action is not a significant regulatory action under Executive Order 12866. Neither is it a significant rulemaking under the Department of Transportation's regulatory policies and procedures because it also does not concern a matter about which there is substantial public interest or controversy; it will not have a substantial effect on State and local governments or raise a major transportation safety problem; in addition, it will not initiate a substantial regulatory program or change in policy. 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 20.217, Motor Carrier Safety. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not 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 1969 (42 U.S.C. 4321-4347) and has determined that this action will have no 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 Part 397 Hazardous materials transportation, Highway safety, Highways and roads, Motor carriers, Motor vehicle safety. [[Page 20497]] Issued on: April 29, 1996. Rodney E. Slater, Federal Highway Administrator. The FHWA hereby amends 49 CFR part 397 by revising the authority citation to read as follows: PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES--[AMENDED] Authority: 49 U.S.C. 322; 49 CFR 1.48. Subpart A also issued under 49 U.S.C. 31136, 31502. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125. [FR Doc. 96-11373 Filed 5-6-96; 8:45 am] BILLING CODE 4910-22-P