[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Rules and Regulations]
[Pages 47110-47111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22472]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration
Federal Highway Administration

23 CFR Part 1225

[Docket No. NHTSA-99-5873]
RIN 2127-AH39


Operation of Motor Vehicles by Intoxicated Persons; Correction of 
Effective Date Under Congressional Review Act (CRA)

AGENCY: National Highway Traffic Safety Administration (NHTSA) and 
Federal Highway Administration (FHWA), Department of Transportation 
(DOT).

ACTION: Final rule; correction of effective date under the CRA.

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SUMMARY: On Thursday, July 1, 1999, NHTSA published a final rule which 
adopted as final, with procedural changes, the interim rule concerning 
a new program established by the Transportation Equity Act for the 21st 
Century (TEA-21), published on September 3, 1998. This document 
corrects the effective date of the final rule published on July 1, 
1999, to be consistent with the Congressional Review Act (CRA), enacted 
as part of the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 801, 808.

DATES: Effective Date: August 30, 1999.

FOR FURTHER INFORMATION CONTACT: In NHTSA: Ms. Marlene Markison, Office 
of State and Community Services, NSC-01, telephone (202) 366-2121; or 
Ms.

[[Page 47111]]

Heidi L. Coleman, Office of Chief Counsel, NCC-30, telephone (202) 366-
1834.
    In FHWA: Byron Dover, Office of Highway Safety Infrastructure, 
HMHS-1, telephone (202) 366-2161; or Mr. Raymond W. Cuprill, HCC-20, 
telephone (202) 366-0834.

SUPPLEMENTARY INFORMATION:

Background

    The CRA, as added by the Small Business Regulatory Enforcement 
Fairness Act of 1996, generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report 
which includes a copy of the rule, to each House of the Congress and to 
the Comptroller General of the United States.
    The effective date of the final rule on Operation of Motor Vehicles 
by Intoxicated Persons, published at 64 FR 35568, is corrected from 
July 1, 1999 to August 30, 1999 in order to comply with the CRA.

Administrative Procedure Act

    The Administrative Procedure Act provides that an agency may 
dispense with prior notice and opportunity for comment when the agency 
for good cause finds that such procedures are impracticable, 
unnecessary or contrary to the public interest, 5 U.S.C. 553(b)(3)(B). 
NHTSA has determined that prior notice and comment are unnecessary, 
because NHTSA is merely correcting the effective date of the 
promulgated rule to be consistent with the congressional review 
requirements of the CRA as a matter of law and has no discretion in 
this matter. Thus, notice and public procedure are unnecessary. The 
agency finds that this constitutes good cause under 5 U.S.C. 
553(b)(3)(B).

    Issued on: August 25, 1999.
Adele Derby,
Associate Administrator, State and Community Services, National Highway 
Traffic Safety Administration.
Karen E. Skelton,
Chief Counsel, Federal Highway Administration.
[FR Doc. 99-22472 Filed 8-27-99; 8:45 am]
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