Federal Motor Carrier Safety Regulations; Technical Amendments

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 382, 385, 391, 393, and 397

RIN 2125-AD71

Federal Motor Carrier Safety Regulations; Technical Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document makes technical amendments to various sections

of the Federal Motor Carrier Safety Regulations to correct erroneous

cross-references and to amend references in which the regulations

referenced have been redesignated or removed. In addition, a cautionary

note is added to appendix B of 49 CFR chapter III, subchapter B, to

alert users of the CFR, that this appendix relates solely to Federal

authority, has no application to a State's authority to enforce adopted

regulations, and is not to be included in its present form in any

general adoption of the regulations by the States.

EFFECTIVE DATE: January 24, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Neill Thomas, (202) 366-4009,

Office of Motor Carrier Research and Standards, or Paul L. Brennan,

Office of Chief Counsel, (202) 366-0834. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal

holidays.

SUPPLEMENTARY INFORMATION:

Rulemaking Analyses and Notices

Because this final rule simply amends various sections of the

Federal Motor Carrier Safety Regulations to correct erroneous cross-

references and to insert a missing subpart heading, the FHWA believes

that prior notice and opportunity for comment are

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unnecessary under 5 U.S.C. 553(b)(3)(B). Similarly, due to the

editorial nature of this final rule, the FHWA has determined that prior

notice and opportunity for comment are not required under the

Department of Transportation's regulatory policies and procedures. It

is not anticipated that provision of a comment period would result in

the receipt of useful information. In this final rule, the FHWA is not

exercising discretion in a way that could be meaningfully affected by

public comment.

In addition, the FHWA finds that good cause exists to dispense with

the 30-day delay in the effective date required by 5 U.S.C. 553(d) due

to the minor and technical nature of these amendments. Thus, the FHWA

is proceeding directly with a final rule which will be effective on its

date of publication.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this action is neither a significant

regulatory action under Executive Order 12866 nor a significant

rulemaking under the Department of Transportation's regulatory policies

and procedures. It is anticipated that the economic impact of this

action will not be substantial because this rule simply makes minor,

technical corrections to the Federal Motor Carrier Safety Regulations.

Therefore, a full regulatory evaluation is not warranted.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. Based upon this evaluation, the FHWA certifies that this

final rule will not have a significant economic impact on a substantial

number of small entities.

Executive Order 12612 (Federalism Assessment)

The FHWA has reviewed this action to ensure its compliance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this rulemaking does not raise sufficient

federalism issues to warrant the preparation of a separate Federalism

Assessment. This final rule will not preempt any State law or State

regulation, and no additional costs or burdens will be imposed on the

States. In addition, this rule will have no effect on the States'

ability to discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Number 20.205, Highway

Planning and Construction. The regulations implementing Executive Order

12372 regarding intergovernmental consultation on Federal programs and

activities apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

requirement for the purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501-3520.

National Environmental Policy Act

The agency has reviewed this action to ensure compliance with the

National Environmental Policy Act of 1960 (42 U.S.C. 4321-4347) and has

determined that this action will not have any effect on the quality of

the environment. Thus, an environmental impact statement is not

required.

Regulation Identification Number

A regulation identification 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 contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Parts 382, 385, 391, 393, and 397

Highway safety, Highways and roads, Motor carriers, Motor vehicle

safety.

Issued on: January 5, 1996.

Rodney E. Slater,

Federal Highway Administrator.

The FHWA hereby amends 49 CFR chapter III as set forth below.

PART 382--[AMENDED]

1. The authority citation for part 382 continues to read as

follows:

Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; 49 CFR

1.48.

2. In Sec. 382.107, in the introductory text, the words ``or

Sec. 40.73'' are removed.

PART 385--[AMENDED]

3. The authority citation for part 385 continues to read as

follows:

Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144,

31502; and 49 CFR 1.48.

Sec. 385.17 [Amended]

4. In Sec. 385.17, paragraph (a) is amended by removing the

reference ``Sec. 390.40'' and adding in lieu thereof the reference

``Sec. 390.27''.

PART 391--[AMENDED]

5. The authority citation for part 391 continues to read as

follows:

Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR

1.48.

Sec. 391.49 [Amended]

6. In Sec. 391.49, paragraph (b) is amended by removing the two

references to ``Sec. 390.40'' and adding the reference ``Sec. 390.27''

in their stead.

PART 393--[AMENDED]

7. The authority citation for part 393 continues to read as

follows:

Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,

1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

Sec. 393.25 [Amended]

8. In Sec. 393.25, paragraph (b) is amended by removing the

reference ``Sec. 393.18'' and adding in lieu thereof the reference

``Sec. 393.11''.

Sec. 393.42 [Amended]

9. In Sec. 393.42, paragraph (b)(2) is amended by removing the

reference ``Sec. 393.7(a)(3)'' and adding in lieu thereof the reference

``Sec. 393.71(a)(3)''.

PART 397--[AMENDED]

10. The authority citation for part 397 continues to read as

follows:

Authority: 49 U.S.C. 5101 et seq.; and 49 CFR 1.48.

11. In part 397, subpart A is amended to add the heading:

Subpart A--General

Appendix B--[Amended]

12. In Appendix B to subchapter B of Chapter III, add after the

heading the following:

Appendix B to Subchapter B--Special Agents

Cautionary note: This appendix relates only to Federal authority

to enforce the regulations in this subchapter. In its present form,

it has no application for the States and is not to be included in

any adoption of these regulations by State authorities as a

condition of eligibility for grants under part 350 of this chapter.

* * * * *

[FR Doc. 96-861 Filed 1-23-96; 8:45 am]

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