[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15417-15425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7961]
[[Page 15417]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Chapter III, Parts 367-368, 371-374, and 376-378
RIN 2125-AE12
Technical Amendments to Former Interstate Commerce Commission
Regulations in Accordance with the ICC Termination Act of 1995
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical amendments.
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SUMMARY: This document makes technical amendments to former Interstate
Commerce Commission (ICC) regulations which were transferred to the
FHWA in accordance with section 204 of the ICC Termination Act of 1995.
These amendments are necessitated by changes in statutory citations and
definitions, and the transfer of regulatory functions to the Secretary
of the Department of Transportation (Secretary) or the FHWA.
EFFECTIVE DATE: April 1, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Falk, Office of Chief
Counsel, Motor Carrier Law Division, (202) 366-1384, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat.
803), enacted December 29, 1995, and effective January 1, 1996,
eliminated unnecessary ICC regulatory functions and transferred the
residual functions partly to a newly established Surface Transportation
Board (STB) within the DOT and partly to the Secretary of
Transportation. Section 204 of the ICCTA provides, in part, that all
rules of the ICC that were legally enacted by the proper official with
requisite authority and which are not based upon a provision of law
repealed and not substantially reenacted by the ICCTA shall remain in
effect after the sunset of the ICC. Notice of the continuation in
effect of such rules, as well as other legal documents of the ICC, was
issued by the Federal Highway Administration on March 25, 1996 [61 FR
14372, April 1, 1996]. Section 204 also requires the STB to rescind all
ICC regulations which were based on statutory provisions that are no
longer in effect following enactment of the ICCTA.
Section 204 expressly recognized the right of the appropriate
responsible officials to modify, terminate, supersede, set aside, or
revoke the surviving ICC rules in accordance with the law. Congress
intended that the Federal Highway Administration would be responsible
for overseeing those ICC rules relating to the overall commercial
operations of the motor carrier industry. H. Rep. No. 311, 104th Cong.,
1st Sess. 85 (1995). The FHWA will undertake an extensive review of
those ICC rules under its jurisdiction to determine whether they should
be retained, modified, or repealed. Pending this substantive re-
examination of the rules, it is necessary to make technical changes to
the rules in order to codify the transfer of functions from the ICC to
the FHWA, update outdated statutory references, and otherwise harmonize
the rules to conform with changes enacted by the ICCTA. The technical
changes made in this document pertain to former ICC regulations which
are now under the exclusive jurisdiction of the FHWA, and which were
removed from Chapter X of Title 49, Code of Federal Regulations, and
transferred to Chapter III of that title on October 21, 1996 at 61 FR
54706. The ICC regulations governing matters subject to the
jurisdiction of both the FHWA and the STB will be added to Chapter III
at a later date, and technical changes will be made to those
regulations at that time.
In the near future, the FHWA intends to issue notices of proposed
rulemakings regarding registration, process agent and insurance
requirements, as well as proposed rules related to freight forwarders
and the transportation of household goods. Any technical changes
pertinent to such requirements will be handled in those rulemaking
proceedings.
Summary of Changes
Part 367--Standards for Registration With States
The words ``Interstate Commerce Commission'' or ``Commission'',
which appear throughout this part, will be changed to ``Secretary of
Transportation'' or ``Secretary'', as appropriate. References to ``49
U.S.C. 10922 and 10923'' in Secs. 367.1(b) and 367.4(a), and to ``49
U.S.C. 10928'' in Sec. 367.1(b) will be changed to ``49 U.S.C. 13902.''
The reference to ``49 U.S.C. 10521(a)'' in Sec. 367.4(h) will be
changed to ``49 U.S.C. 13501.''
Part 368--Applications for Certificates of Registration By Foreign
Motor Carriers and Foreign Motor Private Carriers
Section 368.1
Section 13902(c) of title 49 U.S.C., retains the pre-existing
system of registration of foreign motor carriers and foreign motor
private carriers for limited operations within the commercial zones of
United States communities along international borders. However, the
ICCTA changed the definition of foreign motor carriers and foreign
motor private carriers so that a carrier now owned or controlled by
persons of a contiguous foreign country will be considered a foreign
motor/motor private carrier regardless of where the carrier itself is
domiciled.
All references to ``49 U.S.C. 10530'' in this part are changed to
``49 U.S.C. 13902(c),'' except where otherwise indicated. All
references to ``the Commission'' in Sec. 368.1(a) and Sec. 368.2(e) are
changed to ``the Secretary.'' All subsequent references to ``the
Commission'' in this part are changed to ``the Federal Highway
Administration.'' The word ``registration'' is inserted before the word
``jurisdiction'' in Sec. 368.1(a). The references to ``49 U.S.C.
10922(l)(2)(B)'' and ``10922(l)(1)'' in Sec. 368.1 are changed to ``49
U.S.C. 13902(c)(4).''
Section 368.2
The words ``Truck and Bus Safety and Regulatory Reform Act of
1988'' in Sec. 368.2(a) are deleted and replaced by ``ICC Termination
Act of 1995.'' The words ``a certificate or permit issued under 49
U.S.C. 10922 or 10923'' in Sec. 368.2(b)(1) are changed to ``a
registration issued under 49 U.S.C. 13902(a).'' The words ``and is not
domiciled in the United States'' are deleted from Secs. 368.2 (b)(2)
and (c)(2). The references to ``49 U.S.C. 10526'' in Sec. 368.2(d) and
(e) are changed to ``49 U.S.C. 13506,'' and the reference to ``49
U.S.C. 10521'' in Sec. 368.2(e) is changed to ``49 U.S.C. 13501.'' The
reference to ``49 U.S.C. 10530(e)'' in Sec. 368.2(f) is changed to ``49
U.S.C. 13902(a).''
Section 368.3
The words ``ICC Register'' in Sec. 368.3(a) are changed to
``Federal Highway Administration's Office of Motor Carriers Register.''
The words ``(except for intervention by the Department of
Transportation)'' are deleted in Sec. 368.3(a). The words
``Commission's Regional Offices or by contacting the Commission's
Office of Public Assistance'' in Sec. 368.3(c) are changed to ``FHWA
Regional Offices or
[[Page 15418]]
by contacting the FHWA's Office of Motor Carriers, Section of
Licensing.'' Section 368.3(d) gave the FHWA the right to oppose an
application for certificate of registration by permitting the FHWA to
intervene in any proceeding on the issue of safety fitness. Since the
FHWA will be receiving and processing these applications and,
consequently, evaluating them for safety compliance, a formal
intervention provision is no longer necessary. Accordingly, this
paragraph is removed.
Section 368.5
The words ``Commission'' and ``Interstate Commerce Commission'' in
Sec. 368.5(a) are changed to ``Federal Highway Administration's Office
of Motor Carriers.'' This paragraph retains the reference to 49 CFR
1002.2(f)(1) because the FHWA has not yet issued its own regulations
governing fees for services in connection with motor carrier licensing.
Once such regulations are adopted, the necessary modification will be
made to Sec. 368.5. Section 368.5(b) is removed.
Section 368.6
The heading of the section is revised to delete the word
``Commission,'' and paragraphs (a), (b)(1), and (b)(2) are revised to
change the word ``Commission'' to ``Federal Highway Administration.''
The words ``Except in those proceedings in which the Department of
Transportation intervenes under Sec. 1171.3(d),'' are deleted from
Sec. 368.6(b), and the word ``compliance'' is changed to ``Compliance''
in that same section. The word ``statute'' in Sec. 368.6(b) is changed
to ``Act'' to conform with the definitional reference in Sec. 368.2(a).
In paragraph (b)(2), the reference to ``49 CFR 1044'' is changed to
read ``49 CFR part 366.'' Paragraph (c) of this section is removed as
superfluous.
Section 368.7
This section contains a nomenclature change from ``Commission'' to
``Federal Highway Administration'' and a reference correction to the
applicable appeal regulations found at 49 CFR part 386. Accordingly,
the reference to Sec. 1115.2'' in Sec. 368.7 is changed to ``49 CFR
part 386.''
Part 371--Brokers of Property
Section 13904 of title 49, U.S.C., provides for registration of
brokers by the Secretary of Transportation in place of the licensing
system maintained by the ICC under the Interstate Commerce Act. While
the details regarding broker registration requirements will be handled
in a separate rulemaking proceeding, this change in regulatory
treatment necessitates changes in the terminology employed in the
broker regulations in part 371. Consequently, ``lead docket number''
and ``lead MC-number'' in the introductory text to Sec. 371.3(a) and in
Sec. 371.3(a)(2), respectively, are changed to ``registration number,''
and the word ``license'' in Sec. 371.7(a) is changed to
``registration.'' The words ``a Commission'' in Sec. 371.10 are changed
to ``the FHWA.''
Part 372--Exemptions, Commercial Zones and Terminal Areas
In part 372, subpart A, the words ``Part II of the Interstate
Commerce Act'' and ``Part II of the act'' in Sec. 372.101 are changed
to ``49 U.S.C. subtitle IV, part B'' and the reference to ``section
203(b)(9) of the act'' is changed to ``49 U.S.C. 13506(b).'' The
reference to ``section 203(b)(1) of the act'' in Sec. 372.103 is
changed to ``49 U.S.C. 13506(a)(1).'' Section 372.105 is deleted in its
entirety since certificates of registration (except for foreign
carriers under 49 CFR part 368) are no longer provided for in the
ICCTA. The FHWA has proposed the repeal of Secs. 372.107 through
372.113, which relate to agricultural cooperative associations, in
another rulemaking proceeding. The references to ``49 U.S.C.
10526(a)(6)'' in Sec. 372.115 are changed to ``49 U.S.C. 13506(a)(6).''
References to the ``Commission'' and ``Interstate Commerce Commission''
in Sec. 372.117 are changed to ``Secretary.'' All references to
``section 203(b)(7a) of the Interstate Commerce Act'' appearing in that
section are changed to ``49 U.S.C. 13506(a)(8)(A).''
In part 372, subpart B, Secs. 372.201 through 372.237 contain
references to either ``section 203(b)(8) of the Interstate Commerce Act
[49 U.S.C. 303(b)(8)]'' or its successor ``49 U.S.C. 10526 (b)(1).''
These references are changed to ``49 U.S.C. 13506(b)(1).'' The
reference to ``part II, Interstate Commerce Act'' in Sec. 372.241 is
changed to ``49 U.S.C. subtitle IV, part B.'' The reference to the
safety requirements of ``section 204 of the Interstate Commerce Act''
is deleted since the Secretary's safety jurisdiction is independent of
the jurisdiction conferred by the ICCTA and was removed from part II of
the Interstate Commerce Act some time ago.
While the ICC's licensing authority over freight forwarders was
limited to household goods freight forwarders, the ICCTA expressly made
all freight forwarders subject to the Secretary's registration
jurisdiction. Part 372, subpart C, defines terminal areas of motor
carriers and household goods freight forwarders which were exempt from
regulation under 49 U.S.C. 10523, and remain exempt under the ICCTA
pursuant to 49 U.S.C. 13503. Accordingly, all references to ``household
goods'' in subpart C are deleted to reflect the expansion of the
Secretary's registration jurisdiction. Furthermore, all references in
this subpart to ``section 202(c) of the Interstate Commerce Act [49
U.S.C. 302(c)]'' are changed to ``49 U.S.C. 13503.'' The words ``this
Commission'' in Sec. 372.301(a) are changed to ``the Secretary.''
References to ``part II (49 U.S.C. 301 et seq.),'' ``part IV of the
act,'' and ``part IV thereof (49 U.S.C. 1001 et seq.)'' are changed to
``49 U.S.C. subtitle IV, part B.'' As was the case with Sec. 372.241,
the reference to ``section 204 of the Interstate Commerce Act'' is
deleted as no longer necessary.
Part 373--Receipts and Bills
In part 373, subpart A, the reference to ``49 CFR part 1220'' in
Sec. 373.103 is replaced with ``49 CFR 379.'' The words ``under the
released rates provisions at 49 U.S.C. 10730'' in Sec. 373.105 are
changed to ``under the provisions of 49 U.S.C. 14706(c).''
Part 374--Passenger Carrier Regulations
In part 374, subpart A, all references to ``section 216 of the
Interstate Commerce Act'' are changed to ``49 U.S.C. subtitle IV, part
B.'' The words ``Interstate Commerce Commission'' or ``Commission'' are
changed to either ``United States Department of Transportation,''
``Secretary,'' or ``Federal Highway Administration,'' as appropriate.
The words ``Interstate Commerce Act'' in Sec. 374.109 are changed to
``49 U.S.C. subtitle IV, part B.''
In part 374, subpart B, the words ``subchapter II of chapter 105 of
title 49, United States Code'' in Sec. 374.201(a) are changed to ``49
U.S.C. subtitle IV, part B.'' The reference ``49 CFR 1054.2(a)'' in
Sec. 374.201(c) is revised to read ``49 CFR 374.503 of this part.''
Part 374, subpart C, is revised by changing the reference ``49 CFR
part 1064'' in Sec. 374.307 to ``subpart D of this part.'' In
Sec. 374.307(g), change the reference ``49 CFR 1005.5'' to ``49 CFR
370.9.'' In Sec. 374.311, the words ``Commission's appropriate Regional
Office(s)'' are replaced with ``Federal Highway Administration's
Regional Office(s).'' In Sec. 374.319 (a) and (b), the word
``Commission'' is replaced with ``Federal Highway Administration.''
In part 374, subpart D, the words ``49 U.S.C. 10521'' in
Sec. 374.401 are changed to ``49 U.S.C. 13501.'' The words ``part II of
the Interstate Commerce Act'' in
[[Page 15419]]
Sec. Sec. 374.403(a) and 374.405 are changed to ``49 U.S.C. subtitle
IV, part B.'' The word ``I.C.C.'' in Sec. 374.403(b) is changed to
``FHWA''.
In part 374, subpart E, the words ``49 U.S.C. 10932(e)'' in
Sec. 374.501 are changed to read ``49 U.S.C. 13506 [49 U.S.C.
10932(e)].'' The words ``49 U.S.C. 10922(c)(1)(F)'' in Sec. 374.505(d)
are changed to ``49 U.S.C. 13902(b)(8).''
Part 376--Lease and Interchange of Vehicles
The words ``holding permanent or temporary operating authority from
the Commission'' in Sec. 376.1 are changed to ``registered with the
Secretary.'' All subsequent references to ``Commission'' in this part
are changed to either ``Secretary'' or ``FHWA'' as appropriate. The
words ``common or contract carrier under the provisions of 49 U.S.C.
10921, 10922, 10923, 10928, 10931, or 10932'' in Sec. 376.2 are changed
to ``motor carrier under the provisions of 49 U.S.C. 13901 and 13902.''
The words ``Commission's requirements in part 1058'' in Secs. 376.11(c)
and 376.31(d) are changed to ``FHWA's requirements in 49 CFR part
390.'' The reference to ``49 U.S.C. 11107'' in Sec. 376.12(c)(4) is
changed to ``49 U.S.C. 14102.'' The reference to ``49 U.S.C. 10927'' in
Sec. 376.12(j) is changed to ``49 U.S.C. 13906.'' Section 376.31(b) is
changed to eliminate references to operating authority and certificates
of public convenience and necessity. Changes to obsolete 49 CFR part
1057 section numbers, which appear throughout part 376, are identified
in the amendatory language.
Part 377--Payment of Transportation Charges
The words ``part II of the Interstate Commerce Act'' in
Secs. 377.101 and 377.103, and ``the Interstate Commerce Act'' in
Sec. 377.105, are changed to ``49 U.S.C. 13702.'' This reflects the
fact that only household goods carriers and motor carriers engaged in
the noncontiguous domestic trade are still required to maintain tariffs
following enactment of the ICCTA.
The reference to ``Interstate Commerce Commission'' in Sec. 377.201
is changed to ``Federal Highway Administration'' and the references to
``rail and water carriers'' in that section are removed. The words
``within the meaning of 49 U.S.C. 10562 (3) and (4)'' are removed from
Sec. 377.205(d)(3) since the referenced statutory provisions were
repealed in 1986. Section 377.205(e) is removed because it involves
rail and water export traffic not subject to the FHWA's jurisdiction.
The reference to ``49 CFR 1104.7(a)'' in Sec. 377.211 is changed to
``49 CFR 386.32(a),'' which is the equivalent, virtually identical FHWA
regulation for the computation of time periods involving calendar days.
It should be noted that the notice of proposed rulemaking in FHWA
Docket No. MC-96-18 (61 FR 18866, April 29, 1996) proposes to recodify
this provision without change as 49 CFR 363.302(a). Section 377.213 is
removed because it pertains to railroad demurrage charges not subject
to the FHWA's jurisdiction. The words ``Interstate Commerce Commission
jurisdiction under Subchapters I, II, or III of Chapter 105 of Title
49, Subtitle IV, of the United States Code'' in Sec. 377.217 are
changed to ``the Secretary's jurisdiction under 49 U.S.C. subtitle IV,
part B.''
Part 378--Procedures Governing the Processing, Investigation, and
Disposition of Overcharge, Duplicate Payment, or Overcollection Claims
The references to ``part II or IV of the Interstate Commerce Act''
in Secs. 378.1 and 378.2 are changed to ``49 U.S.C. subtitle IV, part
B.'' The reference to ``section 11705(b)(1) of the Interstate Commerce
Act'' in Sec. 378.2(b) is changed to ``49 U.S.C. 14704(b).'' The words
``this Commission'' in Sec. 378.2(d) are changed to ``the United States
Department of Transportation's Surface Transportation Board.''
Rulemaking Analyses and Notice
This final rule makes only minor, technical corrections to existing
regulations. The rule replaces outdated language with terms more
consistent with current statutory authority and codifies the transfer
of regulatory responsibilities from the Interstate Commerce Commission
to the Department of Transportation. Substantive regulatory standards
are not changed in any way. Therefore, the FHWA finds good cause to
adopt the rule without prior notice or opportunity for public comment
[5 U.S.C. 553(b)]. The DOT's regulatory policies and procedures also
authorize promulgation of the rule without prior notice because it is
anticipated that such action would not result in the receipt of useful
information. The FHWA is making the rule effective upon publication in
the Federal Register because it imposes no new burdens and merely
corrects or clarifies existing regulations [5 U.S.C. 553(d)].
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
regulatory policies and procedures. Since this rulemaking action makes
only technical corrections to the current regulations, it is
anticipated that the economic impact of this rulemaking will be
minimal; therefore, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on
small entities. Based on the evaluation, and since this rulemaking
action makes only technical corrections to the current regulations, the
FHWA hereby certifies that this action will not have a significant
impact on a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program 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 purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
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
[[Page 15420]]
used to cross reference this action with the Unified Agenda.
List of Subjects
49 CFR Part 367
Commercial motor vehicle, Financial responsibility, Insurance,
Motor carriers, Motor vehicle safety, Registration, Reporting and
recordkeeping requirements.
49 CFR Part 368
Administrative practice and procedure, Highways and roads,
Insurance, Motor carriers.
49 CFR Part 371
Administrative practice and procedure, Brokers, Highways and roads,
Motor carriers.
49 CFR Part 372
Buses, Commercial zones, Freight forwarders, Highways and roads,
Motor carriers of property.
49 CFR Part 373
Buses, Highways and roads, Motor carriers, Reporting and
recordkeeping requirements.
49 CFR Part 374
Baggage liability, Buses, Civil rights, Discrimination, Freight
forwarders, Handicapped, Highways and roads, Motor carriers--intercity
passenger service.
49 CFR Part 376
Highways and roads, Motor carriers--equipment leasing, Reporting
and recordkeeping requirements.
49 CFR Part 377
Credit, Freight forwarders, Highways and roads, Motor carriers.
49 CFR Part 378
Claims, Freight forwarders, Highways and roads, Investigations,
Motor carriers.
Issued on: March 21, 1997.
Jane F. Garvey,
Acting Administrator, Federal Highway Administration.
In consideration of the foregoing, the FHWA amends title 49, Code
of Federal Regulations, Chapter III, as follows:
PART 367--[AMENDED]
1. The authority citation for Part 367 is revised to read as
follows:
Authority: 49 U.S.C. 13301 and 14504; 49 CFR 1.48.
2. In part 367, in the list below, for each section indicated in
the left column, remove the word or words indicated in the middle
column wherever they appear in the section, and add the words indicated
in the right column:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section Remove Add
--------------------------------------------------------------------------------------------------------------------------------------------------------
367.1(a)................................ The Commission. The Interstate The Secretary. The Secretary of Transportation.
Commerce Commission
367.1(b)................................ 49 U.S.C. 10922, 10923, or 49 U.S.C. 13902.
10928.
367.1(c)................................ Commission..................... Secretary.
367.3(c)................................ Sec. 1023.4(b)(2)............. Sec. 367.4(b)(2).
367.4(a)................................ Commission..................... Secretary.
367.4(a)................................ 49 U.S.C. 10922 or 10923....... 49 U.S.C. 13902.
367.4(b) introductory text Commission..................... Secretary.
367.4(c)(2)............................. Commission (in three places)... Secretary (in three places).
367.4(c)(2)............................. 49 CFR part 1043............... 49 CFR part 387, subpart C.
367.4(c)(3)............................. Commission..................... Secretary.
367.4(c)(3)............................. 49 CFR part 1044............... 49 CFR part 366.
367.4(d)................................ Commission..................... Secretary.
367.4(d)................................ 49 CFR part 1043............... 49 CFR part 387, subpart C.
367.4(h)................................ Commission's................... Secretary's.
367.4(h)................................ 49 U.S.C. 10521(a)............. 49 U.S.C. 13501.
367.5(a) introductory text Sec. 1023.4................... Sec. 367.4.
367.5(b)................................ Sec. 1023.4(b)(2)............. Sec. 367.4(b)(2.)
367.6(c)................................ Sec. 1023.4(c)................ Sec. 367.4(c).
Heading to Appendix A................... Part 1023...................... Part 367.
Heading to Appendix A................... Operating under authority Registered with the Secretary of Transportation.
issued by the Interstate
Commerce Commission
Appendix A.............................. ICC (14 places)................ FHWA (14 places).
Appendix A.............................. 49 CFR part 1043 (two places) 49 CFR part 387, subpart C (two places).
Appendix A.............................. Title 49 CFR 1043.2............ 49 CFR 387.303.
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 368--[AMENDED]
3. The authority citation for part 368 is revised to read as
follows:
Authority: 49 U.S.C. 13301 and 13902; 49 CFR 1.48.
4. The heading of part 368 is revised to read as follows:
PART 368--APPLICATIONS FOR CERTIFICATES OF REGISTRATION BY FOREIGN
MOTOR CARRIERS AND FOREIGN MOTOR PRIVATE CARRIERS UNDER 49 U.S.C.
13902(c)
5. Section 368.1 is revised to read as follows:
Sec. 368.1 Controlling legislation.
(a) This part governs applications filed under 49 U.S.C. 13902(c).
Under this section certain foreign motor carriers and motor private
carriers must hold a certificate of registration to provide certain
interstate transportation services otherwise outside the registration
jurisdiction of the Secretary. Neither a foreign motor carrier nor a
foreign motor private carrier may provide interstate transportation of
property unless the Secretary has issued the carrier a certificate of
registration. The service allowable under a certificate of registration
is described in 49 U.S.C. 13902(c)(4).
(b) This part applies only to carriers of a contiguous foreign
country with
[[Page 15421]]
respect to which a moratorium is in effect under 49 U.S.C. 13902(c)(4).
6. In Sec. 368.2 paragraphs (a), (b) (1) and (2), (c)(2) and (d)
through (f) are revised to read as follows:
Sec. 368.2 Definitions.
(a) The Act. The ICC Termination Act of 1995.
* * * * *
(b) * * *
(1) Which does not hold a registration issued under 49 U.S.C.
13902(a);
(2) Which is domiciled in any contiguous foreign country, or is
owned or controlled by persons of any contiguous foreign country; and
* * * * *
(c) * * *
(2) Which is owned or controlled by persons of any contiguous
foreign country; and
* * * * *
(d) Exempt items. Commodities described in detail at or transported
under 49 U.S.C. 13506(a) (4), (5), (6), (11), (12), (13), and (15).
(e) Interstate transportation. Transportation described at 49
U.S.C. 13501, and transportation in the United States otherwise exempt
from the Secretary's jurisdiction under 49 U.S.C. 13506(b)(1).
(f) Fit, willing and able. Safety fitness and proof of minimum
financial responsibility as defined in 49 U.S.C. 13902(a).
* * * * *
7. Section 368.3 is amended by revising paragraphs (a) and (c) and
removing paragraph (d) to read as follows:
Sec. 368.3 Procedures used generally.
(a) All applicants must file a completed Form OP-2. All required
information must be submitted in English on the Form OP-2. The
application will be decided based on the submitted Form OP-2 and any
attachments. Notice of the authority sought will not be published in
either the Federal Register or the Federal Highway Administration's
Office of Motor Carriers Register. Protests or comments will not be
allowed. There will be no oral hearings.
* * * * *
(c) Form OP-2 may be obtained at any of the FHWA Regional Offices
or by contacting the FHWA's Office of Motor Carriers Section of
Licensing.
8. Section 368.5 is revised to read as follows:
Sec. 368.5 Where to send the application.
The original and one copy of the application shall be filed with
the FHWA's Regional Office that has jurisdiction over applicant's point
of domicile (the instructions to the application provide more specific
information), or at such other location as the Secretary may designate
in special circumstances. A check or money order for the amount of the
filing fee set forth at 49 CFR 1002.2(f)(1), payable to the Federal
Highway Administration's Office of Motor Carriers in United States
dollars, must be submitted.
9. Section 368.6 is amended by revising the heading; by replacing
the word ``Commission'' wherever it appears in this section with
``Federal Highway Administration'; by removing paragraph (c); by
replacing the reference ``49 CFR 1044'' with ``49 CFR 366'' in
paragraph (b)(2); and by revising the introductory text of paragraph
(b) to read as follows:
Sec. 368.6 Review of the application.
* * * * *
(b) Compliance will be determined solely on the basis of the
application and the safety fitness of the applicant. An employee review
board will decide whether the authority sought falls under the Act, and
whether and to what extent the evidence warrants a grant of the
authority.
* * * * *
10. Section 368.7 is revised to read as follows:
Sec. 368.7 Appeals.
A decision disposing of an application subject to this part is a
final action of the Federal Highway Administration. Review of such an
action on appeal is governed by the FHWA's appeal regulations in 49 CFR
Part 386.
PART 371--[AMENDED]
11. The authority citation for part 371 is revised to read as
follows:
Authority: 49 U.S.C. 13301 and 13501; 49 CFR 1.48.
Sec. 371.1 [Amended]
12. Section 371.1 is amended by correcting the reference
``Sec. 1045.2'' to read as ``Sec. 371.2''.
13. In Sec. 371.3, paragraph (a) is amended by revising the
introductory paragraph; paragraph (a)(2) is amended by replacing the
words ``lead MC-number'' with the words ``registration number''; and
the undesignated paragraph after the first sentence in paragraph (a)(6)
is removed. As revised, the text of introductory paragraph (a) reads as
follows:
Sec. 371.3 Records to be kept by brokers.
(a) A broker shall keep a record of each transaction. For purposes
of this section, brokers may keep master lists of consignors and the
address and registration number of the carrier, rather than repeating
this information for each transaction. The record shall show:
* * * * *
Sec. 371.7 [Amended]
14. Section 371.7 is amended by replacing the word ``license'' with
``registration''.
Sec. 371.10 [Amended]
15. Section 371.10 is amended by replacing the words ``a
Commission'' with ``the FHWA''.
PART 372--[AMENDED]
16. The authority citation for part 372 continues to read as
follows:
Authority: 49 U.S.C. 13504 and 13506; 49 CFR 1.48.
Sec. 372.101 [Amended]
17. Section 372.101 is amended by replacing the words ``Part II of
the Interstate Commerce Act'' and ``part II of the act'' with ``49
U.S.C. subtitle IV, part B''; and by replacing the words ``section
203(b)(9) of the act'' with ``49 U.S.C. 13506(b)''.
Sec. 372.103 [Amended]
18. Section 372.103 is amended by replacing the words ``section
203(b)(1) of the act'' with ``49 U.S.C. 13506(a)(1)''.
Sec. 372.105 [Removed]
19. Section 372.105 is removed.
Sec. 372.115 [Amended]
20. Section 372.115 is amended by removing the term ``(49 U.S.C.
10526(a)(6))'' from the text, and by replacing the words ``49 U.S.C.
10526(a)(6)'' and ``section 10526(a)(6) of the recodified Interstate
Commerce Act'' with ``49 U.S.C. 13506(a)(6)'' in the section heading,
in the section text, and in the heading and Notes 1 and 2 under
``Administrative Ruling No. 133''.
Sec. 372.117 [Amended]
21. Section 372.117 is amended by replacing the words
``Commission'' in paragraph (a) and ``Interstate Commerce Commission''
in paragraph (c) with ``Secretary''; by replacing the words ``section
203(b)(7a) of the Interstate Commerce Act'' in paragraph (d)(1) with
``49 U.S.C. 13506(a)(8)(A)''; and by replacing ``section 203(b)(7a) of
the Interstate Commerce Act (49 U.S.C. 303)'' in paragraphs (d)(2) and
(d)(3) with ``49 U.S.C. 13506(a)(8)(A)''.
[[Page 15422]]
Secs. 372.201, 372.203, 372.205, 372.207, 372.209, 372.211, 372.213,
372.215, 372.217, 372.219, 372.221, 372.223, 372.225, 372.227, 372.229,
372.231, 372.233, 372.235, 372.237, 372.241, and 372.243 [Amended]
22. In the list below, for each Section indicated in the left
column, remove the word or words indicated in the middle column
wherever they appear in the Section, and add the words indicated in the
right column:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section Remove Add
--------------------------------------------------------------------------------------------------------------------------------------------------------
372.201 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.203 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.205 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.207 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.209 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.211 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.213 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.215 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.217 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.219 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.221 introductory text................ Sec. 1048.101....................................... Sec. 372.241.
372.223 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.225 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.227 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).
U.S.C. 303(b)(8)).
372.229 introductory text................ 49 U.S.C. 10526(b)(1)................................ 49 U.S.C. 13506(b)(1).
372.231 introductory text................ Section 49 U.S.C. 10526(b)(1) of the Interstate 49 U.S.C. 13506(b)(1).
Commerce Act.
372.233 introductory text................ Section 10526(b)(1) of the Interstate Commerce Act 49 U.S.C. 13506(b)(1).
(49 U.S.C. 10526(b)(1)).
372.235 introductory text................ Section 49 U.S.C. 10526(b)(1) of the Interstate 49 U.S.C. 13506(b)(1).
Commerce Act (49 U.S.C. 10526(b)(1)).
372.237(a)............................... Section 10526(b)(1) of the Interstate Commerce Act 49 U.S.C. 13506(b)(1).
(49 U.S.C. 10526(b)(1)).
372.237(b)............................... Sec. 1048.101....................................... Sec. 372.241.
372.237(b)............................... Section 10526(b)(1).................................. 49 U.S.C. 13506(b)(1).
372.241 introductory text................ Part II, Interstate Commerce Act, except the 49 U.S.C. subtitle IV, part B.
provisions of section 204 relative to the
qualifications and maximum hours of service of
employees and safety of operation or standards of
equipment.
372.243 introductory text................ Sec. 1048.101....................................... Sec. 372.241.
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 372--[AMENDED]
23. Subpart C of part 372 is amended by adding Sec. 372.300 to read
as follows:
Sec. 372.300 Distances and population data.
In the application of this subpart, distances and population data
shall be determined in the same manner as provided in 49 CFR 372.243.
See also definitions in 49 CFR 372.239.
24. Section 372.301 is revised to read as follows:
Sec. 372.301 Terminal areas of motor carriers and freight forwarders
at municipalities served.
The terminal area within the meaning of 49 U.S.C. 13503 of any
motor carrier of property or freight forwarder subject to 49 U.S.C.
subtitle IV, part B at any municipality authorized to be served by such
motor carrier of property or motor carrier of passengers in the
transportation of express or freight forwarder, within which
transportation by motor carrier in the performance of transfer,
collection, or delivery services may be performed by, or for, such
motor carrier of property or freight forwarder without compliance with
the provisions of 49 U.S.C. subtitle IV, part B consists of and
includes all points or places which are:
(a) Within the commercial zone, as defined by the Secretary, of
that municipality, and
(b) Not beyond the limits of the operating authority of such motor
carrier of property or freight forwarder.
25. In Sec. 372.303 the introductory paragraph and paragraph (a)
are revised to read as follows:
[[Page 15423]]
Sec. 372.303 Terminal areas of motor carriers and freight forwarders
at unincorporated communities served.
The terminal areas within the meaning of 49 U.S.C. 13503 of any
motor carrier of property or freight forwarder subject to 49 U.S.C.
subtitle IV, part B, at any unincorporated community having a post
office of the same name which is authorized to be served by such motor
carrier of property or motor carrier of passengers in the
transportation of express or freight forwarder, within which
transportation by motor vehicle in the performance of transfer,
collection, or delivery services may be performed by, or for, such
motor carrier of property or freight forwarder without compliance with
the provisions of 49 U.S.C. subtitle IV, part B, consists of:
(a) All points in the United States which are located within the
limits of the operating authority of the motor carrier of property or
freight forwarder involved, and within 3 miles of the post office at
such authorized unincorporated point if it has a population less than
2,500, within 4 miles if it has a population of 2,500 but less than
25,000, or within 6 miles if it has a population of 25,000 or more;
* * * * *
PART 373--[AMENDED]
26. The authority citation for part 373 continues to read as
follows:
Authority: 49 U.S.C. 13301 and 14706; 49 CFR 1.48.
Sec. 373.101 [Amended]
27. Section 373.101 is amended by removing the reference ``49 CFR
part 1220'' in the undesignated paragraph under (e) and replacing it
with ``49 CFR part 379''.
Sec. 373.103 [Amended]
28. Section 373.103 is amended by replacing the words ``49 CFR part
1220'' with ``49 CFR part 379'' in the undesignated paragraphs under
(a)(11) and (b)(11) of the section.
Sec. 373.105 [Amended]
29. Section 373.105 is amended by replacing the words ``released
rates provisions at 49 U.S.C. 10730'' with ``provisions of 49 U.S.C.
14706(c)''.
PART 374--[AMENDED]
30. The authority citation for part 374 continues to read as
follows:
Authority: 49 U.S.C. 13301 and 14101; 49 CFR 1.48.
31. In part 374, Subparts A, B, C, D, and E, in the list below, for
each section indicated in the left column, remove the word or words
indicated in the middle column wherever they appear in the section, and
add the words indicated in the right column:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section Remove Add
--------------------------------------------------------------------------------------------------------------------------------------------------------
374.101................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.103................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.103 Note............................ Sec. 1055.2 (the first time it Sec. 374.103 (formerly Sec. 1055.2).
appears).
374.103 Note............................ Sec. 1055.2................... Sec. 374.103.
374.105................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.107................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.107................................. Interstate Commerce Commission. Secretary, U.S. Department of Transportation.
374.109................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.109................................. The Interstate Commerce Act.... 49 U.S.C. subtitle IV, part B.
374.111................................. Section 216 of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.111................................. Secretary of the Interstate Secretary.
Commerce Commission.
374.113(b).............................. Sec. 1055.3................... Sec. 374.105.
374.201(a).............................. Subchapter II of chapter 105 of 49 U.S.C. subtitle IV, part B.
title 49, United States Code.
374.201(c).............................. 49 CFR 1054.2(a)............... Sec. 374.503 of this part.
374.307(c)(1)........................... Commission..................... Secretary.
374.307(c)(1)........................... 49 CFR part 1064............... subpart D of this part.
374.307(c)(2)(iv)....................... Commission..................... Secretary.
374.307(g).............................. 49 CFR 1005.5.................. 49 CFR 370.9.
374.311(b).............................. The Commission's appropriate the FHWA's Regional Office(s).
Regional Office(s).
374.319(a), (b)......................... The Commission................. the Federal Highway Administration.
374.401(a).............................. 49 U.S.C. 10521................ 49 U.S.C. 13501.
374.401(a)(3)........................... Sec. 1063.4(c)(3)............. Sec. 374.307(c)(3).
374.403(a).............................. Part II of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.403(b), under ``Identify Your Under I.C.C. regulations....... Under FHWA regulations.
Baggage''.
374.405................................. Part II of the Interstate 49 U.S.C. subtitle IV, part B.
Commerce Act.
374.501................................. 49 U.S.C. 10932(c)............. 49 U.S.C. 13506 [49 U.S.C. 10932(c)].
374.505(d).............................. 49 U.S.C. 10922(c)(1)(F)....... 49 U.S.C. 13902(b)(8).
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 376--[AMENDED]
32. The authority citation for part 376 is revised to read as
follows:
Authority: 49 U.S.C. 13301 and 14102; 49 CFR 1.48.
33. In part 376, subparts A, B, C, D, and E, in the list below, for
each section indicated in the left column, remove the word or words
indicated in the middle column wherever they appear in the section, and
add the words indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
376.1 introductory paragraph Holding permanent or Registered with the
temporary operating Secretary.
authority from the
Commission.
376.1(a).................... Commission.......... Secretary.
376.1(c).................... Commission.......... Secretary.
[[Page 15424]]
376.2(a).................... Common or contract Motor carrier under
carrier under the the provisions of
provisions of 49 49 U.S.C. 13901 and
U.S.C. 10921, 13902.
10922, 10923,
10928, 10931, or
10932.
376.11 introductory Sec. 1057.31....... Sec. 376.31.
paragraph.
376.11(a)................... Sec. 1057.12....... Sec. 376.12.
376.11(c)(1)................ Commission's FHWA's requirements
requirements in in 49 CFR part 390.
part 1058.
376.12 introductory Sec. 1057.11(a).... Sec. 376.11(a).
paragraph.
376.12(b)................... Sec. 1057.11(b).... Sec. 376.11(b).
376.12(c)(3)................ Commission.......... Secretary.
376.12(c)(4)................ 49 U.S.C. 11107..... 49 U.S.C. 14102.
376.12(j)(1)................ Commission FHWA regulations
regulations under under 49 U.S.C.
49 U.S.C. 10927. 13906.
376.12(l)................... Sec. 1057.11(c)(2). Sec. 376.11(c)(2).
376.21 introductory Sec. 1057.11(c).... Sec. 376.11(c).
paragraph.
376.21(b)................... Commission.......... Secretary.
376.22(a)................... Sec. 1057.11(c).... Sec. 376.11(c).
376.22(c)(2)................ Sec. 1057.11(b) (in Sec. 376.11(b) (in
two places). two places).
376.22(c)(4)................ Sec. 1057.11(b).... Sec. 376.11(b).
376.22(c)(4)................ Sec. 1057.11(d).... Sec. 376.11(d).
376.26...................... Sec. 1057.12 (e) Sec. 376.12 (e)
through (l). through (l).
376.31(b)................... Hold certificates of Be registered with
public convenience the Secretary to
and necessity which provide the
authorize the transportation.
transportation.
376.31(d)(1)................ Commission's FHWA's requirements
requirements in in 49 CFR part 390.
part 1058.
376.42...................... Sec. 1057.22....... Sec. 376.22.
------------------------------------------------------------------------
PART 377--[AMENDED]
34. The authority citation for part 377 continues to read as
follows:
Authority: 49 U.S.C. 13101, 13301, 13701-13702, 13706, 13707,
and 14101; 49 CFR 1.48.
35. In part 377, subparts A and B, in the list below, for each
section indicated in the left column, remove the word or words
indicated in the middle column wherever they appear in the section, and
add the words indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
377.101..................... Part II of the 49 U.S.C. 13702.
Interstate Commerce
Act.
377.103..................... Part II of the 49 U.S.C. 13702.
Interstate Commerce
Act.
377.103..................... Sec. 1052.1........ Sec. 377.101.
377.105..................... The Interstate 49 U.S.C. 13702.
Commerce Act.
377.105..................... Sec. 1052.1........ Sec. 377.101.
377.201(a).................. Interstate Commerce Federal Highway
Commission Administration
regulation by rail, regulation by
motor, and water. motor.
377.205(d)(3)............... Within the meaning ....................
of 49 U.S.C.
10562(3) and (4).
377.205(e).................. [remove paragraph ....................
(e)].
377.211..................... 49 CFR 1104.7(a).... 49 CFR 386.32(a).
377.213..................... [removed]........... [Reserved].
377.215(a).................. 49 CFR 1056.3(d).... 49 CFR 375.3(d).
377.215(b)(1)............... 49 CFR 1056.19...... 49 CFR 375.19.
377.217..................... Interstate Commerce The Secretary's
Commission jurisdiction under
jurisdiction under 49 U.S.C. subtitle
Subchapters I, II, IV, part B.
or III of Chapter
105 of Title 49,
Subtitle IV, of the
United States Code.
------------------------------------------------------------------------
PART 378--[AMENDED]
36. The authority citation for part 378 is revised to read as
follows:
Authority: 49 U.S.C. 13321, 14101, 14704, and 14705; 49 CFR
1.48.
37. In part 378, in the list below, for each section indicated in
the left column, remove the word or words indicated in the middle
column wherever they appear in the section, and add the words indicated
in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
378.1....................... Part II or IV of the 49 U.S.C. subtitle
Interstate Commerce IV, part B.
Act.
378.2(a).................... Part II or IV of the 49 U.S.C. subtitle
Interstate Commerce IV, part B.
Act.
378.2(b).................... Section 11705(b)(1) 49 U.S.C. 14704(b).
of the Interstate
Commerce Act.
378.2(d).................... Part 1056........... Part 375.
378.2(d).................... This Commission..... The United States
Department of
Transportation's
Surface
Transportation
Board.
378.4(a).................... Sec. 1008.8........ Sec. 378.8.
378.4(d).................... Sec. 1008.5(c)..... Sec. 378.5(c).
378.5(a).................... Sec. 1008.6........ Sec. 378.6.
[[Page 15425]]
378.5(b).................... Sec. 1008.9........ Sec. 378.9.
378.5(c).................... Sec. 1008.8........ Sec. 378.8.
378.6....................... Sec. 1008.7........ Sec. 378.7.
------------------------------------------------------------------------
[FR Doc. 97-7961 Filed 3-31-97; 8:45 am]
BILLING CODE 4910-22-P