[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Rules and Regulations]
[Pages 45740-45743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12962]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 369

Research and Innovative Technology Administration

49 CFR Part 1420

[Docket No. FMCSA-2005-21313]
RIN 2126-AA92


Motor Carrier Transportation; Redesignation of Regulations From 
the Research and Innovative Technology Administration

AGENCIES: Federal Motor Carrier Safety Administration (FMCSA) and 
Research and Innovative Technology Administration (RITA), DOT.

ACTION: Final rule; redesignation.

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SUMMARY: This rule transfers and redesignates certain motor carrier 
reporting regulations currently found in 49 CFR Chapter XI to the 
Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Chapter 
III. On August 17, 2004, the Secretary of Transportation (Secretary) 
transferred responsibility for the Motor Carrier Financial and 
Operating Statistics Program from the Bureau of Transportation 
Statistics, now a part of the Research and Innovative Technology 
Administration, to FMCSA. Today's action transfers the applicable 
regulations to chapter III of title 49 CFR, establishes a new part 369 
within that title, and makes conforming technical amendments to the 
redesignated regulations.

EFFECTIVE DATE: August 10, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Vivian Oliver, IT Operations 
Division,

[[Page 45741]]

Office of Information Technology, (202) 366-2974, Federal Motor Carrier 
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-
0001.

SUPPLEMENTARY INFORMATION: 

Legal Basis for the Rulemaking

    Class I and Class II motor carriers are required by 49 U.S.C. 14123 
to file annual financial reports with the Secretary. The Secretary has 
exercised his discretion under section 14123 to also require Class I 
property carriers (including dual-property carriers), Class I household 
goods carriers, and Class I passenger carriers to file quarterly 
reports. These requirements were previously delegated to the Bureau of 
Transportation Statistics (BTS), now a part of the Research and 
Innovative Technology Administration (RITA).\1\ In an August 2004 final 
rule (69 FR 51009, Aug. 17, 2004), the Secretary transferred 
responsibility for the Motor Carrier Financial and Operating Statistics 
Program from BTS to FMCSA. This final rule implements the redesignation 
of the regulations concerning this program by transferring these 
regulations to the FMCSA portion of title 49 of the Code of Federal 
Regulations (CFR), adding a new part 369 to that title, and making 
conforming technical amendments consisting of nomenclature and address 
changes as well as corrections to the CFR cross-references.
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    \1\ The Research and Innovative Technology Administration was 
established effective February 20, 2005.
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Background

    This final rule transfers and redesignates certain motor carrier 
financial and statistical reporting regulations currently found in 49 
CFR Chapter XI, Part 1420 to FMCSA under 49 CFR Chapter III, and 
establishes a new part 369 to accommodate the redesignated regulations. 
In the August 17, 2004, final rule, the Secretary transferred 
responsibility for the Motor Carrier Financial and Operating Statistics 
Program from BTS, now a part of DOT's Research and Innovative 
Technology Administration, to FMCSA. The Secretarial delegation took 
effect on September 29, 2004, and today's final rule implements the 
redesignation of the applicable regulations.
    The transfer and redesignation procedure entails moving 49 CFR Part 
1420 from Chapter XI to new Part 369 of 49 CFR Chapter III. We are 
making no substantive changes to the regulations. However, certain 
technical revisions--concerning nomenclature, the agency address for 
submission of motor carrier reporting forms, and CFR cross-references--
were necessary to reflect the redelegation of the financial and 
statistical reporting program responsibilities to FMCSA. In the 
relevant sections of redesignated part 369, we are changing the words 
``Bureau of Transportation Statistics'' to ``Federal Motor Carrier 
Safety Administration'' and the acronym ``BTS'' to ``FMCSA''; providing 
an FMCSA address for submission of forms; and replacing BTS regulatory 
cross-references with cross-references to the corresponding FMCSA 
regulations.
    The reporting requirement in new part 369 applies to motor carriers 
of property, household goods carriers, dual property carriers, and 
motor carriers of passengers.

Rulemaking Analyses and Notices

    Because the amendments made by this document relate to departmental 
management, organization, procedure, and practice, prior notice and 
opportunity for comment are unnecessary under 5 U.S.C. 553(b)(3)(A). In 
addition, prior notice and opportunity for comment are unnecessary 
pursuant to 5 U.S.C. 553(b)(3)(B) because the process of transferring 
and redesignating the sections is merely technical in nature and 
proposes no substantive changes to which public comment could be 
solicited.
    This final rule is made effective upon publication in the Federal 
Register. FMCSA finds that good cause exists for this final rule to be 
exempt from the 30-day delayed effective date requirement of 5 U.S.C. 
553(d) because a delay in effective date is unnecessary and would not 
be in the public interest.

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

    FMCSA has determined this action does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 12866 
and within the meaning of Department of Transportation regulatory 
policies and procedures (44 FR 11034, Feb. 26, 1979). Therefore, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB). We anticipate the economic impact of this rulemaking will be so 
minimal that a full regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), as amended by the Small Business Regulatory Enforcement and 
Fairness Act (Pub. L. 104-121), we have evaluated the effects of this 
rule on small entities. Based on this evaluation, the FMCSA 
Administrator hereby certifies this action will not have a significant 
economic impact on a substantial number of small entities. As noted 
above, this final rule simply provides notice to the public that the 
motor carrier regulations currently found in 49 CFR Chapter XI are 
transferred to 49 CFR Chapter III and redesignated there. No 
substantive changes are being made to the regulations that would affect 
small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612. It has been determined 
this action does not have sufficient federalism implications to warrant 
the preparation of a federalism assessment.

Unfunded Mandates Reform Act of 1995

    FMCSA has determined that the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C. 1532) do 
not apply to this rulemaking.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Executive Order 13132 (Federalism Assessment)

    FMCSA has analyzed this action in accordance with the principles 
and criteria contained in Executive Order 13132 published at 64 FR 
43255 (Aug. 10, 1999). The regulations redesignated and transferred to 
FMCSA herein do not preempt State authority or jurisdiction, or 
establish any conflicts with existing State roles in the regulation and 
enforcement of commercial motor vehicle safety. FMCSA has therefore 
determined this rule does not have sufficient federalism implications 
to warrant the preparation of a federalism assessment.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 45742]]

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. OMB approved three 
information collections (ICs) developed by BTS in connection with the 
reporting forms motor carriers must use to submit financial and 
statistical information. The ICs are titled ``Annual Report of Class I 
and Class II Motor Carriers of Property;'' ``Quarterly Report of Class 
I Motor Carriers of Property,'' and ``Annual and Quarterly Report of 
Class I Motor Carriers of Passengers,'' and involve Form M, Form QFR, 
and Form MP-1, respectively. The Secretarial redelegation of August 17, 
2004, made FMCSA responsible for these ICs.
    On June 23, 2006, OMB approved a 3-year extension of the ICs for 
Class I and Class II property carriers. These ICs are as follows:
    OMB Control Number: 2126-0032.
    Title: Annual Report of Class I and Class II Motor Carriers of 
Property.
    Respondents: 3,000.
    Estimated Annual Hour Burden for the Information Collection: 
27,000.
    Estimated Annual Cost to Respondents: $979,000.
    Expiration Date of OMB Approval: June 30, 2009.
    Form: M.

    OMB Control Number: 2126-0033.
    Title: Quarterly Report of Class I Motor Carriers of Property.
    Respondents: 1,000.
    Estimated Annual Hour Burden for the Information Collection: 1,800.
    Estimated Annual Cost to Respondents: $65,000.
    Expiration Date of OMB Approval: June 30, 2009.
    Form: QFR.
    On April 10, 2006, FMCSA published at 71 FR 18136 a notice with a 
60-day comment period soliciting the public's views on the currently 
approved IC ``Annual and Quarterly Report of Class I Motor Carriers of 
Passengers.'' This IC is as follows:
    OMB Control Number: 2126-0031.
    Title: Annual and Quarterly Report of Class I Motor Carriers of 
Passengers.
    Respondents: 26.
    Estimated Annual Hour Burden for the Information Collection: 195.
    Estimated Annual Cost to Respondents: $00 (none).
    Expiration Date of OMB Approval: August 31, 2006.
    Form: MP-1.
    The Agency received two comments in support of continuation of the 
Class I passenger carrier IC. Subsequently, FMCSA published in the 
Federal Register a notice requesting public comment within 30 days on 
its intent to request 3-year renewal of the IC (71 FR 40175, July 14, 
2006). The Agency's request for review and renewal was logged in at OMB 
on August 2, 2006.

National Environmental Policy Act

    The agency has analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined under FMCSA environmental procedures Order 5610.1, published 
March 1, 2004 (69 FR 9680), that this action is categorically excluded 
(CE) under Appendix 2, paragraph 6.b. of the Order from further 
environmental documentation. This CE relates to establishing 
regulations that are editorial or procedural in nature.
    In addition, the agency believes this action includes no 
extraordinary circumstances that would have any effect on the quality 
of the environment. Thus the action does not require an environmental 
assessment or environmental impact statement. The Federal Register 
notice transmitting FMCSA's environmental procedures Order can be 
accessed online through the Government Printing Office (http://www.gpoaccess.gov), and a copy of the Order is also available as 
document 6 in Docket number 14095, at http://dms.dot.gov/search/searchFormSimple.cfm.
    We have also analyzed this action under section 176(c) of the Clean 
Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it involves an administrative action or 
organizational changes via the rulemaking process. See 49 CFR 
93.153(c)(2). This action will not result in any emissions increase, 
nor does it have any potential to result in emissions that are above 
the general conformity rule's de minimis emission threshold levels. 
Moreover, it is reasonably foreseeable that the rule will not increase 
total commercial motor vehicle mileage, change the routing of 
commercial motor vehicles, change how commercial motor vehicles 
operate, or change the commercial motor vehicle fleet-mix of motor 
carriers.

Executive Order 13045 (Protection of Children)

    FMCSA has analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not economically significant and does not create an 
environmental risk to health or safety that would disproportionately 
affect children. Therefore, we have determined the rule is not a 
``covered regulatory action'' as defined under Executive Order 13045.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. This action is not a significant energy action 
within the meaning of section 4(b) of the Executive Order because as a 
procedural action it is not economically significant and would not have 
a significant adverse effect on the supply, distribution, or use of 
energy.

List of Subjects

49 CFR Part 1420

    Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 369

    Motor carriers, Reporting and recordkeeping requirements.


0
In consideration of the foregoing and under the authority of 49 U.S.C. 
104 and 721(a), FMCSA and RITA hereby amend 49 CFR chapters III and XI 
as set forth below:

PART 1420--[REDESIGNATED AS PART 369]

0
1. Part 1420 in 49 CFR Chapter XI is transferred to 49 CFR Chapter III 
and redesignated as new part 369. The redesignated regulations are set 
forth in the following table:

                           Redesignation Table
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              Old section                          New section
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           1420 Part heading                    369 Part heading
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1420.1................................  369.1
1420.2................................  369.2
1420.3................................  369.3
1420.4................................  369.4
1420.5................................  369.5
1420.6................................  369.6

[[Page 45743]]

 
1420.7 [Reserved].....................  369.7 [Reserved]
1420.8................................  369.8
1420.9................................  369.9
1420.10...............................  369.10
1420.11...............................  369.11
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0
2. The authority citation for redesignated part 369 is added to read as 
follows:

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 
14123; 49 CFR 1.73.

PART 369--[AMENDED]

0
3. In redesignated part 369, revise all references to ``Bureau of 
Transportation Statistics'' to read ``Federal Motor Carrier Safety 
Administration''.

0
4. Further amend redesignated part 369 by revising all references to 
``BTS'' to read ``FMCSA''.

0
5. Further amend redesignated part 369 by revising all references to 
``Sec.  1420.1'' to read ``Sec.  369.1'' and by revising all references 
to ``Sec.  1420.6'' to read ``Sec.  369.6''.


Sec.  369.1  [Amended]

0
6. Amend redesignated Sec.  369.1 by removing the words ``Sec.  
1420.2'' in paragraph (a) and adding, in their place, the words ``Sec.  
369.2''.


Sec.  369.5  [Amended]

0
7. Amend redesignated Sec.  369.5 by removing the words ``part 1220'' 
and adding, in their place, the words ``Part 379''.


Sec.  369.6  [Amended]

0
8. Amend redesignated Sec.  369.6 by removing the words ``Bureau of 
Transportation Statistics, U.S. Department of Transportation, K-13'' 
and adding, in their place, the words ``Federal Motor Carrier Safety 
Administration, Office of Information Management.''


Sec.  369.8  [Amended]

0
9. Amend redesignated Sec.  369.8 by revising as follows:
0
a. In paragraph (c), remove the words ``Sec.  1420.9(c)'' and add, in 
their place, the words ``Sec.  369.9(c)''.
0
b. In paragraph (d), remove the words ``Sec.  1420.9(d)'' and add, in 
their place, the words ``Sec.  369.9(d)''.


Sec.  369.10  [Amended]

0
10. Amend redesignated Sec.  369.10 by removing the words ``Sec.  
1420.9'' in paragraphs (b)(1) and (2) and adding, in their place, the 
words ``Sec.  369.9''.


Sec.  369.11  [Amended]

0
11. Amend redesignated Sec.  369.11 by revising as follows:
0
a. Remove the words ``Sec.  1420.3(a)'' and add, in their place, the 
words ``Sec.  369.3(a)''.
0
b. Remove the words ``Office of the Bureau of Transportation 
Statistics'' and add, in their place, the words ``FMCSA Office of 
Information Management''.

    Issued on: August 3, 2006.
David H. Hugel,
Acting Administrator, Federal Motor Carrier Safety Administration.

Ashok G. Kaveeshwar,
Administrator, Research and Innovative Technology Administration.
[FR Doc. E6-12962 Filed 8-9-06; 8:45 am]
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