[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52192-52193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26065]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X, Part 1249

Bureau of Transportation Statistics

49 CFR Chapter XI, Part 1420

RIN 2139-AA06


Reports of Motor Carriers; Redesignation of Regulations Pursuant 
to the ICC Termination Act of 1995

AGENCIES: Bureau of Transportation Statistics (BTS) and Surface 
Transportation Board (STB), DOT.

ACTION: Final rule; redesignation.

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SUMMARY: This document establishes a new chapter in the Code of Federal 
Regulations (CFR) for the BTS and transfers and redesignates 
regulations concerning reports of motor carriers, currently found in 
the STB's CFR chapter, to the BTS's new CFR chapter. The ICC 
Termination Act of 1995 (ICCTA), which was enacted on December 29, 
1995, and took effect on January 1, 1996, abolished the Interstate 
Commerce Commission (ICC) and transferred certain of the ICC's 
functions and proceedings to either the STB or the Secretary of 
Transportation. As pertinent here, responsibility for the collection 
and dissemination of motor carrier financial information was 
transferred to the Secretary of Transportation, who has delegated that 
responsibility to the BTS. This action reflects that change.

EFFECTIVE DATE: This rule is effective September 30, 1998.

FOR FURTHER INFORMATION CONTACT: For BTS: David Mednick, K-2, 400 
Seventh Street, SW., Washington, DC 20590; (202) 366-8871. For STB: 
Beryl Gordon, Deputy Director, Office of Proceedings, 1925 K St., NW., 
Washington, DC 20423; (202) 565-1600 [TDD for the hearing impaired: 
(202) 565-1695].

SUPPLEMENTARY INFORMATION: This document transfers the regulations for 
motor carrier finance reports, currently found in 49 CFR part 1249, and 
redesignates them as 49 CFR part 1420. The regulations at part 1249 
were issued by the ICC. The ICCTA, Pub. L. 104-88, 109 Stat. 803 (1995) 
abolished the ICC and transferred certain functions and proceedings 
either to the STB or the Secretary of Transportation. As pertinent 
here, the motor carrier financial and operating data collection 
provisions of 49 U.S.C. 14123 were transferred to the Secretary of 
Transportation, and the Secretary has delegated the responsibility for 
these provisions to the BTS.
    The regulations for motor carrier finance reporting, however, are 
still located in 49 CFR Chapter X, which have since been assigned for 
the use of the STB.1 In order for BTS to modify these 
regulations, and for administrative clarity, these regulations are 
being transferred to 49 CFR Chapter XI, part 1420. This transfer and 
redesignation

[[Page 52193]]

will not result in any substantive changes to the regulations. It will 
have no effect on the proposed establishment of a negotiated rulemaking 
advisory committee, Negotiated Rulemaking Committee to Revise the Motor 
Carrier Financial and Operating Data Collection Program, 61 FR 64849 
(Dec. 9, 1996).
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    \1\ Other ICC regulations that were formerly located at 49 CFR 
chapter X, and that were transferred to the Secretary of 
Transportation by the ICCTA, were delegated to the Federal Highway 
Administration and have already been redesignated to another 
chapter. See Motor Carrier Transportation; Redesignation of 
Regulations from the Surface Transportation Board Pursuant to the 
ICC Termination Act of 1995, 61 FR 54706 (October 21, 1996).
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    This action makes no substantive changes to the motor carrier 
financial and operating data collection regulations. It simply provides 
notice to the public that certain regulations currently found in 49 CFR 
chapter X are being moved to 49 CFR chapter XI. Therefore, BTS believes 
that prior notice and opportunity to comment are unnecessary and that 
good cause exists to dispense with the 30-day delay in effective date 
requirement so that BTS may administer these regulations

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This action is exempt from the Office of Management and Budget 
review under Executive Order 12866 since it is a technical correction 
that does not materially affect the substance of the underlying rule. 
This action simply transfers the regulations now located at 49 CFR part 
1249 from Chapter X to Chapter XI and redesignates them as 49 CFR part 
1420.

Regulatory Flexibility Act

    The BTS certifies that this action will not have a significant 
economic effect on a substantial number of small entities. As noted 
above, this action simply redesignates the regulations for motor 
carrier finance reports, and it makes no substantive changes.

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.

Paperwork Reduction Act

    This action does not establish 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

    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects

49 CFR Part 1249

    Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 1420

    Motor carriers, Reporting and recordkeeping requirements.

    Issued on: September 23, 1998.
Robert A. Knisely,
Deputy Director, Bureau of Transportation Statistics.
Linda J. Morgan,
Chairman, Surface Transportation Board.

    In consideration of the foregoing and under the authority of 49 
U.S.C. 111, 721(a), and 14123, the BTS establishes a new chapter XI in 
title 49 of the CFR, and the BTS and the STB hereby amend chapters X 
and XI of 49 CFR as set forth below:
    1. Title 49 is amended by establishing chapter XI (consisting of 
subchapters A and B) to read as follows:

CHAPTER XI--BUREAU OF TRANSPORTATION STATISTICS, DEPARTMENT OF 
TRANSPORTATION

SUBCHAPTER A--[RESERVED]

SUBCHAPTER B--REPORTS

PART 1420--REPORTS OF MOTOR CARRIERS

Chapter X, Part 1429--[Redesignated as Chapter XI, Part 1420]

    2. Part 1249 in 49 CFR Chapter X is redesignated as Part 1420 and 
transferred to 49 CFR Chapter XI.

[FR Doc. 98-26065 Filed 9-29-98; 8:45 am]
BILLING CODE 4910-FE-P