[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Proposed Rules]
[Pages 3492-3493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1580]


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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

49 CFR Ch. XI


Negotiated Rulemaking Committee to Revise the Motor Carrier 
Financial and Operating Data Collection Program; Meeting and Extension 
of Comment Period on Proposed Establishment

AGENCY: Bureau of Transportation Statistics (BTS), DOT.

ACTION: Notice of meeting; extension of comment period.

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SUMMARY: The Bureau of Transportation Statistics (BTS) has proposed the 
establishment of a negotiated rulemaking advisory committee (the 
Committee) to examine the relevant issues and attempt to reach a 
consensus in developing regulations governing the collection of 
financial and operating data from motor carriers of property. Before 
making a final decision on formation of the Committee, BTS will hold a 
public meeting to help decide whether a negotiated rulemaking advisory 
committee is needed, and, if so, to help determine the appropriate 
Committee membership and issues for consideration. The meeting will be 
held Monday, February 10, 1997, 9:30 am to 3:00 pm, Eastern Standard 
Time. BTS is also extending the comment period on the proposal to 
establish the negotiated rulemaking committee, on the proposed 
membership of the Committee, and on the proposed issues for 
consideration by the Committee. Persons are invited to submit 
applications or nominations for membership on the Committee. The 
comment period is extended to February 28, 1997.

DATES: Meeting. The meeting will be held Monday, February 10, 1997, 
9:30 am to 3:00 pm, Eastern Standard Time.
    Comment period. Interested parties may file comments and 
nominations for committee membership on or before February 28, 1997.

ADDRESSES: Meeting. The meeting will take place at the U.S. Department 
of Transportation, 400 Seventh Street, SW., Washington, D.C., in 
conference room 2230 of the Nassif Building. Since access to the DOT 
building is controlled, all persons who plan to attend the meeting must 
notify David Mednick on (202) 366-8871 prior to February 7. Attendance 
is open to the interested public but limited to space available.
    Comment period. When sending comments and/or nominations, send the 
original plus three copies. Mail to Docket Clerk, Docket No. BTS-96-
1979, Department of Transportation, 400 Seventh Street, SW., Room PL-
401,Washington, D.C. 20590. Commenters desiring notification of receipt 
of comments must include a stamped, self-addressed postcard. The Docket 
Clerk will date stamp the postcard and mail it back to the commenter.

FOR FURTHER INFORMATION CONTACT: David Mednick, Bureau of 
Transportation Statistics, K-2, 400 Seventh Street, SW., Washington, 
D.C. 20590; by phone at (202) 366-8871; by e-mail at 
[email protected]; or by Fax at (202) 366-3640.

SUPPLEMENTARY INFORMATION:

Background

    Under Section 103 of the ICC Termination Act of 1995, Public Law 
104-88, 109 Stat. 803 (1995) (to be codified at 49 U.S.C. 14123), the 
Secretary of Transportation has authority to establish regulations for 
the collection of certain data from motor carriers of property and 
others. On December 9, 1996, BTS published a notice in the Federal 
Register (the Notice) proposing to establish a negotiated rulemaking 
advisory committee (the Committee) under the Federal Advisory Committee 
Act and the Negotiated Rulemaking Act. 61 FR 64849. The Committee would 
consider the relevant issues and attempt to reach a consensus on 
regulations governing the collection of financial and operating data 
from motor carriers of property. This effort also is in response to the 
President's Regulatory Reinvention Initiative, which specifically 
directed agencies to increase use of regulatory negotiation in 
rulemaking proceedings. The Committee would be composed of people who 
represent the interests that would be substantially affected by the 
rule.
    The Notice proposing establishment of the Committee listed 
potential topics

[[Page 3493]]

for the negotiated rulemaking process. It also listed entities 
identified as interested parties that should be included in the 
negotiated rulemaking process either directly as members of the 
Committee or as part of a broader caucus of similar or related 
interests. The Notice requested comments on the proposal to establish a 
negotiated rulemaking advisory committee, on the proposed membership of 
the Committee, and on the proposed issues for consideration by the 
Committee. BTS has decided to supplement its request for comments by 
(1) holding a public meeting on this matter; and (2) extending the 
comment period until after the public meeting.

Announcement of BTS Public Meeting

    To better determine the utility of negotiating a rule on this 
matter, BTS will hold a public meeting on February 10, 1997, 9:30 am to 
3:00 pm, Eastern Standard Time. The meeting will take place at the U.S. 
Department of Transportation, 400 Seventh Street, SW., Washington, 
D.C., in conference room 2230 of the Nassif Building. Since access to 
the DOT building is controlled, all persons who plan to attend the 
meeting must notify David Mednick on (202) 366-8871 prior to February 
7. Attendance is open to the interested public but limited to space 
available. Persons with a disability requiring special services, such 
as an interpreter for the hearing impaired, should contact Mr. Mednick 
at (202) 366-8871 at least seven days prior to the meeting.
    While negotiated rulemaking would attempt to resolve issues 
surrounding the motor carrier data collection program, several initial 
matters deserve attention. First, do we need to amend the existing rule 
and, if so, is negotiated rulemaking the best process for updating the 
motor carrier data collection program? Second, if so, what are the core 
issues in dispute and differing legitimate needs of the interested 
parties? Third, which organizations or interests should be represented 
on the Committee?
    While comments received have been helpful, BTS does not have enough 
information to determine whether to pursue negotiated rulemaking. The 
public meeting will bring together the various interest groups. A 
facilitator will be on hand to help develop potential issues and 
promote open discussion. In addition to helping BTS decide whether to 
pursue the negotiated rulemaking, it should also help lay the 
groundwork for the proposed Committee.
    All those interested in this rulemaking, including the potential 
participants listed in the Notice and those submitting applications or 
nominations for membership, are encouraged to attend.

Extension of Comment Period

    Because BTS has not reached a final decision on whether to use a 
negotiated rulemaking process for this rule, it is extending the 
comment period on its proposal published December 19, 1996. 61 FR 
64849. The comment period is extended to February 28, 1997. BTS is 
soliciting comments on the proposal to establish a negotiated 
rulemaking advisory committee, on the proposed membership of the 
Committee, and on the proposed issues for consideration by the 
Committee. BTS is also accepting applications and nominations for 
membership on the Committee. Please refer to the original Notice for 
full details.

    Issued in Washington, DC, on January 16, 1997.
Robert A. Knisely,
Deputy Director, Bureau of Transportation Statistics.
[FR Doc. 97-1580 Filed 1-22-97; 8:45 am]
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