[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68162-68163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32703]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 282]


Organization and Delegation of Powers and Duties; Delegations to 
Federal Highway Administrator, Research and Special Programs 
Administrator, and Director of the Bureau of Transportation Statistics

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This document delegates to the Administrator of the Federal 
Highway Administration (FHWA), the Administrator of the Research and 
Special Programs Administration (RSPA), and the Director of the Bureau 
of Transportation Statistics (BTS) certain authority vested in the 
Secretary of Transportation by the ICC Termination Act of 1995 (ICCTA), 
Pub. L. 104-88, 109 Stat. 803. The purpose of this rulemaking is to 
amend Part 1 of title 49, Code of Federal Regulations, to reflect these 
delegations.

EFFECTIVE DATE: December 27, 1996.

FOR FURTHER INFORMATION CONTACT: (1) Thomas P. Holian, Office of Chief 
Counsel, Legislation and Regulations Division, FHWA, Room 4223, (202) 
366-0761; (2) John Grimm, Office of Motor Carrier Information Analysis,

[[Page 68163]]

FHWA, Room 3104, (202) 366-4039; or Michael Falk, Office of Chief 
Counsel, Motor Carrier Law Division, FHWA, Room 4217, (202) 366-0834; 
(3) Edward H. Bonekemper, III, Assistant Chief Counsel, Hazardous 
Materials Safety, Research and Technology Law Division, RSPA, Room 
8405, (202) 366-4401; (4) David Mednick, BTS, Room 3430, (202) 366-
8871. The building address for all of the above is 400 Seventh Street, 
SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The Secretary has determined that certain 
authority vested in the Secretary by the ICCTA should be formally 
delegated to the Federal Highway Administrator, the Research and 
Special Programs Administrator, and the Director of the Bureau of 
Transportation Statistics. This rulemaking amends section 1.48 of 49 
CFR Part 1, Delegations to the Federal Highway Administrator, section 
1.53 of 49 CFR Part 1, Delegations to the Administrator of the Research 
and Special Programs Administration, and section 1.71 of 49 CFR Part 1, 
Delegations to the Director of the Bureau of Transportation Statistics, 
to reflect these delegations.

    Because these amendments relate to departmental management, 
organization, procedure, and practice, prior notice and opportunity for 
comment are unnecessary. For the same reason, good cause exists for 
making this final rule effective immediately upon publication in the 
Federal Register.

Section 1.48  Delegations to the Federal Highway Administrator

    This final rule amends 49 CFR 1.48 to delegate to the Federal 
Highway Administrator the authority to administer portions of section 
103 of the ICCTA. Section 103 amended or enacted provisions of title 
49, United States Code, which direct the Secretary to carry out certain 
motor carrier, broker, and freight forwarder functions.
    This final rule also amends 49 CFR 1.48 to delegate to the Federal 
Highway Administrator the authority to administer sections 104, 403(a), 
and 408 of the ICCTA. Section 104 requires regulations be established 
relating to State grants, vehicle length limitations, insurance, and 
self-insurance. Section 403(a) relates to the promulgation of 
regulations relating to railroad-highway grade crossings. Section 408 
requires the Secretary to issue a rulemaking in relation to a variety 
of fatigue-related issues pertaining to commercial motor vehicle 
safety.
    A correction in paragraph designation is provided to reflect an 
amendment to a final rule published on January 6, 1993 (58 FR 502-503), 
that added paragraph (jj) to Sec. 1.48. The final rule published today 
amends the January 6, 1993, rule because an earlier rule added (jj) at 
57 FR 62483-62484 on December 31, 1992.

Section 1.53  Delegations to the Research and Special Programs 
Administrator

    This final rule amends 49 CFR 1.53 to delegate to the Research and 
Special Programs Administrator the authority to administer section 406 
of the ICCTA, which requires the Secretary to (1) issue a final rule 
extending the transition period for the continued use of fiber drum 
packagings that do not meet performance standards adopted in 1990; (2) 
contract with the National Academy of Sciences for a study of packaging 
standards applicable to the use of fiber drums for the transportation 
of liquid hazardous materials; and (3) develop final standards for 
fiber drum packagings for liquid hazardous materials.

Section 1.71  Delegations to the Director of the Bureau of 
Transportation Statistics

    This final rule amends 49 CFR 1.71 to delegate to the Director of 
the Bureau of Transportation Statistics the authority to administer 
section 14122(a) and (c) and section 14123 of title 49, U.S.C., 
relating to the collection and dissemination of information on motor 
carriers, which was revised under section 103 of the ICCTA.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).
    In consideration of the foregoing, Part 1 of Title 49, Code of 
Federal Regulations, is amended as follows:

PART 1--[AMENDED]

    1. The authority citation for Part 1 continues to read as follows:
    Authority: 49 U.S.C. 322; Pub. L. 101-552; 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2).

    2. Section 1.48 is amended by redesignating the second (jj) 
paragraph as paragraph (d) and adding new paragraphs (h) and (i) to 
read as follow:


Sec. 1.48  Delegations to the Federal Highway Administrator.

* * * * *
    (h) Carry out the functions and exercise the authority vested in 
the Secretary by 49 U.S.C., Subtitle IV, Part B,:
    (1) Chapter 131;
    (2) Chapter 133;
    (3) Chapter 135;
    (4) Chapter 137, sections 13702(a), 13702(c)(1), 13702(c)(2), 
13702(c)(3), 13704, 13707, and 13708;
    (5) Chapter 139;
    (6) Chapter 141, Subchapter I and sections 14121 and 14122 of 
Subchapter II;
    (7) Chapter 145, sections 14501, 14502, and 14504;
    (8) Chapter 147, sections 14701 through 14708; and
    (9) Chapter 149, sections 14901 through 14913.
    (i) Carry out the functions and exercise the authority vested in 
the Secretary by sections 104, 403(a), and 408 of the ICC Termination 
Act of 1995, Pub. L. 104-88, relating to miscellaneous motor carrier 
provisions, railroad-highway grade crossing regulation and fatigue-
related issues pertaining to commercial motor vehicle safety.
* * * * *
    3. Section 1.53 is amended by adding a new paragraph (b)(5) to read 
as follows:


Sec. 1.53  Delegations to the Administrator of the Research and Special 
Programs Administration.

* * * * *
    (b) * * * 
    (5) Section 406 of the ICC Termination Act of 1995 (Public Law 104-
88) relating to the issuance of regulations concerning the use of 
certain fiber drum packagings for the transportation of liquid 
hazardous materials, including contracting for a study by the National 
Academy of Sciences.
* * * * *
    4. Section 1.71 is amended by adding a new paragraph (b) to read as 
follows:


Sec. 1.71  Delegations to the Director of the Bureau of Transportation 
Statistics.

* * * * *
    (b) Motor carrier information. 49 U.S.C. 14123, relating to the 
collection and dissemination of information on motor carriers.
* * * * *
    Issued at Washington, D.C. this 17 day of December 1996.
Federico Pena,
Secretary of Transportation.
[FR Doc. 96-32703 Filed 12-26-96; 8:45 am]
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