[Federal Register Volume 68, Number 20 (Thursday, January 30, 2003)]
[Rules and Regulations]
[Pages 4717-4719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2062]



[[Page 4718]]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

49 CFR Part 1420

[Docket No. BTS-2003-14317]
RIN Number 2139-AA10


Reports of Motor Carriers--Correction of Obsolete References and 
Minor Editorial Corrections

AGENCY: BTS, DOT.

ACTION: Final rule.

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SUMMARY: The BTS is amending its regulation to eliminate obsolete 
agency references to the Interstate Commerce Commission and to make 
other minor editorial corrections that will improve the clarity of its 
regulations. This action is taken on BTS' initiative.

EFFECTIVE DATE: This rule is effective January 30, 2003.

FOR FURTHER INFORMATION CONTACT: Russell B. Capelle, Jr., Ph.D., 
Assistant BTS Director for Motor Carrier Information, Department of 
Transportation, 400 7th Street, SW., Washington, DC 20590; (202) 366-
5685; e-mail: [email protected] or Paula Robinson at (202) 366-2984; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem, and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Services at 
(202) 512-1661. Internet users may reach the Office of the Federal 
Register's home page at: http://www.nara.gov/fedreg and the Government 
Printing Office's database at: http://www.access.gpo.gov/nara. You can 
also view and download this document by going to the webpage of the 
Department's Docket Management System (http://dms.dot.gov/). On that 
page, click on ``search.'' On the next page, type the last five digits 
of the docket number shown in the heading of this document. Then click 
on ``search.''
    The public should be aware that anyone can search the electronic 
form of all comments received in the Department's Docket Management 
System by using the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

Background

    The ICC Termination Act of 1995 (ICCTA) abolished the Interstate 
Commerce Commission (ICC) and transferred certain ICC functions to the 
Secretary of Transportation. The authority for the collection and 
dissemination of motor carrier financial information was transferred to 
the Secretary of Transportation under 49 U.S.C. 14123 and BTS' 
implementing regulations (49 CFR part 1420). The Secretary of 
Transportation delegated this responsibility to the BTS. This rule 
removes all references to the ICC and amends the regulatory language in 
49 CFR part 1420 to reflect the delegation to BTS. The final rule also 
makes other minor editorial corrections to improve the clarity of the 
regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rule is not a significant regulatory action under section 3(f) 
of E. O. 12866. Therefore, it has not been reviewed by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979). Because this rule is editorial 
in nature and involves no costs or burdens, BTS has not prepared an 
economic evaluation.

Executive Order 12612 (Federalism)

    These amendments have been analyzed in accordance with the 
principles and criteria contained in E.O. 12612. The BTS has determined 
that the amendments do not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment. Because this rule 
is editorial in nature and involves no costs or burdens, the amendments 
will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review its regulations to assess their impact on small 
entities unless the agency determines that a rule is not expected to 
have a significant impact on a substantial number of small entities. 
The changes in this direct final rule do not increase or decrease the 
data collected under Part 1420, the changes are editorial in nature and 
the purpose of the rule is to remove obsolete references. Thus, based 
on the above discussion, I certify this rule will not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector.

Environmental Assessment

    The amendments in this final rule do not increase or decrease the 
data collected under part 1420, the changes are editorial in nature and 
the purpose of the rule is to remove obsolete references. Therefore, we 
find that these amendments will have no impact on the quality of the 
human environment.

Paperwork Reduction Act Analysis

    There are no reporting or recordkeeping requirements associated 
with this final rule.

Regulation Identifier Number

    A regulation identifier 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 number 2139-AA10 contained in 
the heading of this document can be used to cross-reference this action 
with the Unified Agenda.

Notice and Opportunity for Public Comment Is Unnecessary

    Under the Administrative Procedure Act (5 U.S.C. section 553), the 
BTS has determined that notice and an opportunity for public comment 
are unnecessary and contrary to the public interest. Because the 
amendments made in this final rule are ministerial and will have no 
substantive impact on the public, the rule is effective upon 
publication.

Regulatory Text

    Accordingly, the Bureau of Transportation Statistics, under 
delegated authority pursuant to 49 CFR part 1, amends 49 CFR part 1420 
as follows:

List of Subjects in 49 CFR Part 1420

    Motor carriers, Reporting and recordkeeping requirements.

[[Page 4719]]

PART 1420--[AMENDED]

    1. The authority citation for Part 1420 continues to read as 
follows:

    Authority: 49 U.S.C. 14123.


    2. The note following the authority citation for the Part is 
removed.


Sec.  1420.2  [Amended]

    3. Section 1420.2, paragraph (b)(1), is amended by removing the 
word ``effected,'' and, in its place, adding the word ``effective''.

    4. Section 1420.2, paragraph (b)(5), is amended by removing the 
words ``Annual Carrier Classification Survey Form'' and, in their 
place, adding the words ``Worksheet for Calculating Carrier 
Classification''.


Sec.  1420.3  [Amended]

    5. Section 1420.3, paragraph (a), is amended by removing the words 
``subject to the Interstate Commerce Act.''

    6. Section 1420.3, paragraph (b)(1), is amended by removing the 
word ``effected,'' and, in its place, adding the word ``effective''.

    7. Section 1420.3, paragraph (b)(4), is amended by removing the 
words ``the Commission'', each time they appear, and in their place, 
adding the words ``the BTS''; removing the phrase ``Class I'' and, in 
its place, adding ``Class II'; and removing the words ``the Bureau of 
Accounts, Interstate Commerce Commission, Washington, DC 20423'' and, 
in their place, adding the words ``the Bureau of Transportation 
Statistics at the address in Sec.  1420.6''.

    8. Section 1420.3, paragraph (c) is amended by removing the words 
``the Commission'', and in their place, adding the words ``the BTS''.


Sec.  1420.4  [Amended]

    9. Section 1420.4, paragraph (b), is amended by removing the words 
``the Commission'', each time they appear, and, in their place, adding 
the words ``the BTS''.

    10. Section 1420.4, paragraph (c), is amended by removing the words 
``The Bureau of Accounts, Interstate Commerce Commission, Washington, 
DC 20423'', and in their place, adding the words ``the Bureau of 
Transportation Statistics at the address in Sec.  1420.6'' and, in the 
paragraph's final sentence, removing the words ``the Bureau of 
Accounts'' and in their place, adding the words ``the BTS''.


Sec.  1420.6  [Amended]

    11. Section 1420.6 is amended by removing the designation ``K-27'' 
and, in its place, adding ``K-13''.

    12. Section 1420.10, paragraph (a), is amended by removing the word 
``other'' and, in its place, adding the word ``otherwise''.


Sec.  1420.11  [Amended]

    13. Section 1420.11, is amended by removing the words ``as defined 
in Sec.  1240.4 of this chapter, subject to part II of the Interstate 
Commerce Act'' and adding the words Sec.  as defined in Sec.  
1420.3(a)''; removing the words ``motor carrier Quarterly Report of 
Revenues, Expenses, and Statistics (class I carriers of passengers), 
form QPA.'' and, in their place, adding the words ``Motor Carrier 
Quarterly and Annual Report, Form MP-1.''; and removing the words ``the 
Bureau of Accounts, Interstate Commerce Commission, Washington, DC 
20423'' and, in their place, adding the words ``the Bureau of 
Transportation Statistics at the address in Sec.  1420.6''.

    Issued in Washington, DC, on January 22, 2003.
Russell B. Capelle, Jr.,
Assistant BTS Director for Motor Carrier Information, Bureau of 
Transportation Statistics.
[FR Doc. 03-2062 Filed 1-29-03; 8:45 am]
BILLING CODE 4910-FE-P