[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Rules and Regulations]
[Pages 51009-51010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18822]


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DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 9991-AA41


Secretarial Delegations

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Transportation (OST) is 
amending its regulations to reflect a change in Secretarial 
delegations. The Secretary is transferring responsibility for the Motor 
Carrier Financial and Operating Statistics Program from the Bureau of 
Transportation Statistics (BTS) to the Federal Motor Carrier Safety 
Administration (FMCSA). The transfer will take effect on September 29, 
2004. This rule is necessary so that the delegations appearing in the 
Code of Federal Regulations reflect these changed responsibilities.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT: Robert Monniere, Bureau of 
Transportation Statistics, Department of Transportation, 400 7th Street 
SW., Room 3103, Washington, DC 20590, (202) 366-5498 or Joy Dunlap, 
Federal Motor Carrier Administration, Department of Transportation, 400 
7th Street SW., Room 8214, Washington, DC 20590, 202-493-0219.

[[Page 51010]]


SUPPLEMENTARY INFORMATION:

Background

    The Interstate Commerce Commission (ICC) collected financial and 
operating statistics from regulated motor carriers from the 1930s until 
the end of 1995, when the ICC was abolished and data collection was 
transferred to DOT. (See 49 U.S.C. 11145 and implementing regulations 
at 49 CFR part 1420.) Following the transfer from the ICC, the 
Secretary delegated the functions and responsibilities to BTS (see 61 
FR 68162). Recently, the Department conducted a comprehensive review of 
all major BTS programs and activities. One recommendation was that BTS 
should focus its resources on its core statistical programs. Based on 
the fact that this mandatory reporting program is regulatory in nature 
and requires the release of information concerning individually 
identifiable respondents, OST and BTS identified this program as a 
candidate re-delegation. Thus, based on the above, the Secretary has 
decided to change the Department delegations and transfer this 
reporting function to the FMCSA, in the belief that this program is 
more closely aligned with the FMCSA's safety mission and its other 
motor carrier responsibilities.
    The Department publishes this rule as a final rule, effective on 
September 29, 2004, because these amendments relate to departmental 
management, organization, procedure, and practice, notice and comment 
are unnecessary under 5 U.S.C. 553(b) and the Department finds good 
cause under 5 U.S.C. 5539d)(3) for the final rule to be effective on 
September 29, 2004.

Regulatory Analyses and Notices

    OST has determined that this action is not a significant regulatory 
action under Executive Order 12866 or under the Department's Regulatory 
Policies and Procedures. There are no costs associated with this rule. 
Because this rule will only apply to internal DOT operations, OST 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. Moreover, any impact should be 
positive. OST also has determined that there are not sufficient 
federalism implications to warrant preparation of a federalism 
statement.

Paperwork Reduction Act

    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Unfunded Mandates Reform Act of 1995

    OST has determined that the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking.

List of Subjects in 49 CFR Part 1

    Authority delegations, Organizations and functions.


0
For the reasons set forth in the preamble, the Office of the Secretary 
amends 49 CFR Part 1 as follows:

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

0
1. The authority citation for Part 1 continues to read as follows:

    Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159, 
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597, Pub.L.


Sec.  1.71  [Amended]

0
2. In Sec.  1.71, remove paragraph (b) and redesignate paragraph (c) as 
paragraph (b).
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3. In Sec.  1.73, add paragraph (p) to read as follows:


Sec.  1.73  Delegation to the Administrator of the Federal Motor 
Carrier Safety Administration.

* * * * *
    (p) Carry out the functions vested in the Secretary by 49 U.S.C. 
14123, relating to the collection and dissemination of information on 
motor carriers.

    Issued in Washington, DC on this 20th day of August, 2004.
Norman Y. Mineta,
Secretary.
[FR Doc. 04-18822 Filed 8-16-04; 8:45 am]
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