Technical Amendments to Former Interstate Commerce Commission Regulations in Accordance with the ICC Termination Act of 1995

Federal RegisterApr 1, 1997

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Chapter III, Parts 367-368, 371-374, and 376-378

RIN 2125-AE12

Technical Amendments to Former Interstate Commerce Commission

Regulations in Accordance with the ICC Termination Act of 1995

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document makes technical amendments to former Interstate

Commerce Commission (ICC) regulations which were transferred to the

FHWA in accordance with section 204 of the ICC Termination Act of 1995.

These amendments are necessitated by changes in statutory citations and

definitions, and the transfer of regulatory functions to the Secretary

of the Department of Transportation (Secretary) or the FHWA.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Falk, Office of Chief

Counsel, Motor Carrier Law Division, (202) 366-1384, Federal Highway

Administration, Department of Transportation, 400 Seventh Street, SW.,

Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat.

803), enacted December 29, 1995, and effective January 1, 1996,

eliminated unnecessary ICC regulatory functions and transferred the

residual functions partly to a newly established Surface Transportation

Board (STB) within the DOT and partly to the Secretary of

Transportation. Section 204 of the ICCTA provides, in part, that all

rules of the ICC that were legally enacted by the proper official with

requisite authority and which are not based upon a provision of law

repealed and not substantially reenacted by the ICCTA shall remain in

effect after the sunset of the ICC. Notice of the continuation in

effect of such rules, as well as other legal documents of the ICC, was

issued by the Federal Highway Administration on March 25, 1996 [61 FR

14372, April 1, 1996]. Section 204 also requires the STB to rescind all

ICC regulations which were based on statutory provisions that are no

longer in effect following enactment of the ICCTA.

Section 204 expressly recognized the right of the appropriate

responsible officials to modify, terminate, supersede, set aside, or

revoke the surviving ICC rules in accordance with the law. Congress

intended that the Federal Highway Administration would be responsible

for overseeing those ICC rules relating to the overall commercial

operations of the motor carrier industry. H. Rep. No. 311, 104th Cong.,

1st Sess. 85 (1995). The FHWA will undertake an extensive review of

those ICC rules under its jurisdiction to determine whether they should

be retained, modified, or repealed. Pending this substantive re-

examination of the rules, it is necessary to make technical changes to

the rules in order to codify the transfer of functions from the ICC to

the FHWA, update outdated statutory references, and otherwise harmonize

the rules to conform with changes enacted by the ICCTA. The technical

changes made in this document pertain to former ICC regulations which

are now under the exclusive jurisdiction of the FHWA, and which were

removed from Chapter X of Title 49, Code of Federal Regulations, and

transferred to Chapter III of that title on October 21, 1996 at 61 FR

54706. The ICC regulations governing matters subject to the

jurisdiction of both the FHWA and the STB will be added to Chapter III

at a later date, and technical changes will be made to those

regulations at that time.

In the near future, the FHWA intends to issue notices of proposed

rulemakings regarding registration, process agent and insurance

requirements, as well as proposed rules related to freight forwarders

and the transportation of household goods. Any technical changes

pertinent to such requirements will be handled in those rulemaking

proceedings.

Summary of Changes

Part 367--Standards for Registration With States

The words ``Interstate Commerce Commission'' or ``Commission'',

which appear throughout this part, will be changed to ``Secretary of

Transportation'' or ``Secretary'', as appropriate. References to ``49

U.S.C. 10922 and 10923'' in Secs. 367.1(b) and 367.4(a), and to ``49

U.S.C. 10928'' in Sec. 367.1(b) will be changed to ``49 U.S.C. 13902.''

The reference to ``49 U.S.C. 10521(a)'' in Sec. 367.4(h) will be

changed to ``49 U.S.C. 13501.''

Part 368--Applications for Certificates of Registration By Foreign

Motor Carriers and Foreign Motor Private Carriers

Section 368.1

Section 13902(c) of title 49 U.S.C., retains the pre-existing

system of registration of foreign motor carriers and foreign motor

private carriers for limited operations within the commercial zones of

United States communities along international borders. However, the

ICCTA changed the definition of foreign motor carriers and foreign

motor private carriers so that a carrier now owned or controlled by

persons of a contiguous foreign country will be considered a foreign

motor/motor private carrier regardless of where the carrier itself is

domiciled.

All references to ``49 U.S.C. 10530'' in this part are changed to

``49 U.S.C. 13902(c),'' except where otherwise indicated. All

references to ``the Commission'' in Sec. 368.1(a) and Sec. 368.2(e) are

changed to ``the Secretary.'' All subsequent references to ``the

Commission'' in this part are changed to ``the Federal Highway

Administration.'' The word ``registration'' is inserted before the word

``jurisdiction'' in Sec. 368.1(a). The references to ``49 U.S.C.

10922(l)(2)(B)'' and ``10922(l)(1)'' in Sec. 368.1 are changed to ``49

U.S.C. 13902(c)(4).''

Section 368.2

The words ``Truck and Bus Safety and Regulatory Reform Act of

1988'' in Sec. 368.2(a) are deleted and replaced by ``ICC Termination

Act of 1995.'' The words ``a certificate or permit issued under 49

U.S.C. 10922 or 10923'' in Sec. 368.2(b)(1) are changed to ``a

registration issued under 49 U.S.C. 13902(a).'' The words ``and is not

domiciled in the United States'' are deleted from Secs. 368.2 (b)(2)

and (c)(2). The references to ``49 U.S.C. 10526'' in Sec. 368.2(d) and

(e) are changed to ``49 U.S.C. 13506,'' and the reference to ``49

U.S.C. 10521'' in Sec. 368.2(e) is changed to ``49 U.S.C. 13501.'' The

reference to ``49 U.S.C. 10530(e)'' in Sec. 368.2(f) is changed to ``49

U.S.C. 13902(a).''

Section 368.3

The words ``ICC Register'' in Sec. 368.3(a) are changed to

``Federal Highway Administration's Office of Motor Carriers Register.''

The words ``(except for intervention by the Department of

Transportation)'' are deleted in Sec. 368.3(a). The words

``Commission's Regional Offices or by contacting the Commission's

Office of Public Assistance'' in Sec. 368.3(c) are changed to ``FHWA

Regional Offices or

[[Page 15418]]

by contacting the FHWA's Office of Motor Carriers, Section of

Licensing.'' Section 368.3(d) gave the FHWA the right to oppose an

application for certificate of registration by permitting the FHWA to

intervene in any proceeding on the issue of safety fitness. Since the

FHWA will be receiving and processing these applications and,

consequently, evaluating them for safety compliance, a formal

intervention provision is no longer necessary. Accordingly, this

paragraph is removed.

Section 368.5

The words ``Commission'' and ``Interstate Commerce Commission'' in

Sec. 368.5(a) are changed to ``Federal Highway Administration's Office

of Motor Carriers.'' This paragraph retains the reference to 49 CFR

1002.2(f)(1) because the FHWA has not yet issued its own regulations

governing fees for services in connection with motor carrier licensing.

Once such regulations are adopted, the necessary modification will be

made to Sec. 368.5. Section 368.5(b) is removed.

Section 368.6

The heading of the section is revised to delete the word

``Commission,'' and paragraphs (a), (b)(1), and (b)(2) are revised to

change the word ``Commission'' to ``Federal Highway Administration.''

The words ``Except in those proceedings in which the Department of

Transportation intervenes under Sec. 1171.3(d),'' are deleted from

Sec. 368.6(b), and the word ``compliance'' is changed to ``Compliance''

in that same section. The word ``statute'' in Sec. 368.6(b) is changed

to ``Act'' to conform with the definitional reference in Sec. 368.2(a).

In paragraph (b)(2), the reference to ``49 CFR 1044'' is changed to

read ``49 CFR part 366.'' Paragraph (c) of this section is removed as

superfluous.

Section 368.7

This section contains a nomenclature change from ``Commission'' to

``Federal Highway Administration'' and a reference correction to the

applicable appeal regulations found at 49 CFR part 386. Accordingly,

the reference to Sec. 1115.2'' in Sec. 368.7 is changed to ``49 CFR

part 386.''

Part 371--Brokers of Property

Section 13904 of title 49, U.S.C., provides for registration of

brokers by the Secretary of Transportation in place of the licensing

system maintained by the ICC under the Interstate Commerce Act. While

the details regarding broker registration requirements will be handled

in a separate rulemaking proceeding, this change in regulatory

treatment necessitates changes in the terminology employed in the

broker regulations in part 371. Consequently, ``lead docket number''

and ``lead MC-number'' in the introductory text to Sec. 371.3(a) and in

Sec. 371.3(a)(2), respectively, are changed to ``registration number,''

and the word ``license'' in Sec. 371.7(a) is changed to

``registration.'' The words ``a Commission'' in Sec. 371.10 are changed

to ``the FHWA.''

Part 372--Exemptions, Commercial Zones and Terminal Areas

In part 372, subpart A, the words ``Part II of the Interstate

Commerce Act'' and ``Part II of the act'' in Sec. 372.101 are changed

to ``49 U.S.C. subtitle IV, part B'' and the reference to ``section

203(b)(9) of the act'' is changed to ``49 U.S.C. 13506(b).'' The

reference to ``section 203(b)(1) of the act'' in Sec. 372.103 is

changed to ``49 U.S.C. 13506(a)(1).'' Section 372.105 is deleted in its

entirety since certificates of registration (except for foreign

carriers under 49 CFR part 368) are no longer provided for in the

ICCTA. The FHWA has proposed the repeal of Secs. 372.107 through

372.113, which relate to agricultural cooperative associations, in

another rulemaking proceeding. The references to ``49 U.S.C.

10526(a)(6)'' in Sec. 372.115 are changed to ``49 U.S.C. 13506(a)(6).''

References to the ``Commission'' and ``Interstate Commerce Commission''

in Sec. 372.117 are changed to ``Secretary.'' All references to

``section 203(b)(7a) of the Interstate Commerce Act'' appearing in that

section are changed to ``49 U.S.C. 13506(a)(8)(A).''

In part 372, subpart B, Secs. 372.201 through 372.237 contain

references to either ``section 203(b)(8) of the Interstate Commerce Act

[49 U.S.C. 303(b)(8)]'' or its successor ``49 U.S.C. 10526 (b)(1).''

These references are changed to ``49 U.S.C. 13506(b)(1).'' The

reference to ``part II, Interstate Commerce Act'' in Sec. 372.241 is

changed to ``49 U.S.C. subtitle IV, part B.'' The reference to the

safety requirements of ``section 204 of the Interstate Commerce Act''

is deleted since the Secretary's safety jurisdiction is independent of

the jurisdiction conferred by the ICCTA and was removed from part II of

the Interstate Commerce Act some time ago.

While the ICC's licensing authority over freight forwarders was

limited to household goods freight forwarders, the ICCTA expressly made

all freight forwarders subject to the Secretary's registration

jurisdiction. Part 372, subpart C, defines terminal areas of motor

carriers and household goods freight forwarders which were exempt from

regulation under 49 U.S.C. 10523, and remain exempt under the ICCTA

pursuant to 49 U.S.C. 13503. Accordingly, all references to ``household

goods'' in subpart C are deleted to reflect the expansion of the

Secretary's registration jurisdiction. Furthermore, all references in

this subpart to ``section 202(c) of the Interstate Commerce Act [49

U.S.C. 302(c)]'' are changed to ``49 U.S.C. 13503.'' The words ``this

Commission'' in Sec. 372.301(a) are changed to ``the Secretary.''

References to ``part II (49 U.S.C. 301 et seq.),'' ``part IV of the

act,'' and ``part IV thereof (49 U.S.C. 1001 et seq.)'' are changed to

``49 U.S.C. subtitle IV, part B.'' As was the case with Sec. 372.241,

the reference to ``section 204 of the Interstate Commerce Act'' is

deleted as no longer necessary.

Part 373--Receipts and Bills

In part 373, subpart A, the reference to ``49 CFR part 1220'' in

Sec. 373.103 is replaced with ``49 CFR 379.'' The words ``under the

released rates provisions at 49 U.S.C. 10730'' in Sec. 373.105 are

changed to ``under the provisions of 49 U.S.C. 14706(c).''

Part 374--Passenger Carrier Regulations

In part 374, subpart A, all references to ``section 216 of the

Interstate Commerce Act'' are changed to ``49 U.S.C. subtitle IV, part

B.'' The words ``Interstate Commerce Commission'' or ``Commission'' are

changed to either ``United States Department of Transportation,''

``Secretary,'' or ``Federal Highway Administration,'' as appropriate.

The words ``Interstate Commerce Act'' in Sec. 374.109 are changed to

``49 U.S.C. subtitle IV, part B.''

In part 374, subpart B, the words ``subchapter II of chapter 105 of

title 49, United States Code'' in Sec. 374.201(a) are changed to ``49

U.S.C. subtitle IV, part B.'' The reference ``49 CFR 1054.2(a)'' in

Sec. 374.201(c) is revised to read ``49 CFR 374.503 of this part.''

Part 374, subpart C, is revised by changing the reference ``49 CFR

part 1064'' in Sec. 374.307 to ``subpart D of this part.'' In

Sec. 374.307(g), change the reference ``49 CFR 1005.5'' to ``49 CFR

370.9.'' In Sec. 374.311, the words ``Commission's appropriate Regional

Office(s)'' are replaced with ``Federal Highway Administration's

Regional Office(s).'' In Sec. 374.319 (a) and (b), the word

``Commission'' is replaced with ``Federal Highway Administration.''

In part 374, subpart D, the words ``49 U.S.C. 10521'' in

Sec. 374.401 are changed to ``49 U.S.C. 13501.'' The words ``part II of

the Interstate Commerce Act'' in

[[Page 15419]]

Sec. Sec. 374.403(a) and 374.405 are changed to ``49 U.S.C. subtitle

IV, part B.'' The word ``I.C.C.'' in Sec. 374.403(b) is changed to

``FHWA''.

In part 374, subpart E, the words ``49 U.S.C. 10932(e)'' in

Sec. 374.501 are changed to read ``49 U.S.C. 13506 [49 U.S.C.

10932(e)].'' The words ``49 U.S.C. 10922(c)(1)(F)'' in Sec. 374.505(d)

are changed to ``49 U.S.C. 13902(b)(8).''

Part 376--Lease and Interchange of Vehicles

The words ``holding permanent or temporary operating authority from

the Commission'' in Sec. 376.1 are changed to ``registered with the

Secretary.'' All subsequent references to ``Commission'' in this part

are changed to either ``Secretary'' or ``FHWA'' as appropriate. The

words ``common or contract carrier under the provisions of 49 U.S.C.

10921, 10922, 10923, 10928, 10931, or 10932'' in Sec. 376.2 are changed

to ``motor carrier under the provisions of 49 U.S.C. 13901 and 13902.''

The words ``Commission's requirements in part 1058'' in Secs. 376.11(c)

and 376.31(d) are changed to ``FHWA's requirements in 49 CFR part

390.'' The reference to ``49 U.S.C. 11107'' in Sec. 376.12(c)(4) is

changed to ``49 U.S.C. 14102.'' The reference to ``49 U.S.C. 10927'' in

Sec. 376.12(j) is changed to ``49 U.S.C. 13906.'' Section 376.31(b) is

changed to eliminate references to operating authority and certificates

of public convenience and necessity. Changes to obsolete 49 CFR part

1057 section numbers, which appear throughout part 376, are identified

in the amendatory language.

Part 377--Payment of Transportation Charges

The words ``part II of the Interstate Commerce Act'' in

Secs. 377.101 and 377.103, and ``the Interstate Commerce Act'' in

Sec. 377.105, are changed to ``49 U.S.C. 13702.'' This reflects the

fact that only household goods carriers and motor carriers engaged in

the noncontiguous domestic trade are still required to maintain tariffs

following enactment of the ICCTA.

The reference to ``Interstate Commerce Commission'' in Sec. 377.201

is changed to ``Federal Highway Administration'' and the references to

``rail and water carriers'' in that section are removed. The words

``within the meaning of 49 U.S.C. 10562 (3) and (4)'' are removed from

Sec. 377.205(d)(3) since the referenced statutory provisions were

repealed in 1986. Section 377.205(e) is removed because it involves

rail and water export traffic not subject to the FHWA's jurisdiction.

The reference to ``49 CFR 1104.7(a)'' in Sec. 377.211 is changed to

``49 CFR 386.32(a),'' which is the equivalent, virtually identical FHWA

regulation for the computation of time periods involving calendar days.

It should be noted that the notice of proposed rulemaking in FHWA

Docket No. MC-96-18 (61 FR 18866, April 29, 1996) proposes to recodify

this provision without change as 49 CFR 363.302(a). Section 377.213 is

removed because it pertains to railroad demurrage charges not subject

to the FHWA's jurisdiction. The words ``Interstate Commerce Commission

jurisdiction under Subchapters I, II, or III of Chapter 105 of Title

49, Subtitle IV, of the United States Code'' in Sec. 377.217 are

changed to ``the Secretary's jurisdiction under 49 U.S.C. subtitle IV,

part B.''

Part 378--Procedures Governing the Processing, Investigation, and

Disposition of Overcharge, Duplicate Payment, or Overcollection Claims

The references to ``part II or IV of the Interstate Commerce Act''

in Secs. 378.1 and 378.2 are changed to ``49 U.S.C. subtitle IV, part

B.'' The reference to ``section 11705(b)(1) of the Interstate Commerce

Act'' in Sec. 378.2(b) is changed to ``49 U.S.C. 14704(b).'' The words

``this Commission'' in Sec. 378.2(d) are changed to ``the United States

Department of Transportation's Surface Transportation Board.''

Rulemaking Analyses and Notice

This final rule makes only minor, technical corrections to existing

regulations. The rule replaces outdated language with terms more

consistent with current statutory authority and codifies the transfer

of regulatory responsibilities from the Interstate Commerce Commission

to the Department of Transportation. Substantive regulatory standards

are not changed in any way. Therefore, the FHWA finds good cause to

adopt the rule without prior notice or opportunity for public comment

[5 U.S.C. 553(b)]. The DOT's regulatory policies and procedures also

authorize promulgation of the rule without prior notice because it is

anticipated that such action would not result in the receipt of useful

information. The FHWA is making the rule effective upon publication in

the Federal Register because it imposes no new burdens and merely

corrects or clarifies existing regulations [5 U.S.C. 553(d)].

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this action is not a significant

regulatory action within the meaning of Executive Order 12866 or

significant within the meaning of Department of Transportation

regulatory policies and procedures. Since this rulemaking action makes

only technical corrections to the current regulations, it is

anticipated that the economic impact of this rulemaking will be

minimal; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,

5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on

small entities. Based on the evaluation, and since this rulemaking

action makes only technical corrections to the current regulations, the

FHWA hereby certifies that this action will not have a significant

impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this action does not have sufficient federalism implications to

warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities do not apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

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

U.S.C. 3501 et seq.

National Environmental Policy Act

The agency has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has

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

the environment.

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

[[Page 15420]]

used to cross reference this action with the Unified Agenda.

List of Subjects

49 CFR Part 367

Commercial motor vehicle, Financial responsibility, Insurance,

Motor carriers, Motor vehicle safety, Registration, Reporting and

recordkeeping requirements.

49 CFR Part 368

Administrative practice and procedure, Highways and roads,

Insurance, Motor carriers.

49 CFR Part 371

Administrative practice and procedure, Brokers, Highways and roads,

Motor carriers.

49 CFR Part 372

Buses, Commercial zones, Freight forwarders, Highways and roads,

Motor carriers of property.

49 CFR Part 373

Buses, Highways and roads, Motor carriers, Reporting and

recordkeeping requirements.

49 CFR Part 374

Baggage liability, Buses, Civil rights, Discrimination, Freight

forwarders, Handicapped, Highways and roads, Motor carriers--intercity

passenger service.

49 CFR Part 376

Highways and roads, Motor carriers--equipment leasing, Reporting

and recordkeeping requirements.

49 CFR Part 377

Credit, Freight forwarders, Highways and roads, Motor carriers.

49 CFR Part 378

Claims, Freight forwarders, Highways and roads, Investigations,

Motor carriers.

Issued on: March 21, 1997.

Jane F. Garvey,

Acting Administrator, Federal Highway Administration.

In consideration of the foregoing, the FHWA amends title 49, Code

of Federal Regulations, Chapter III, as follows:

PART 367--[AMENDED]

1. The authority citation for Part 367 is revised to read as

follows:

Authority: 49 U.S.C. 13301 and 14504; 49 CFR 1.48.

2. In part 367, in the list below, for each section indicated in

the left column, remove the word or words indicated in the middle

column wherever they appear in the section, and add the words indicated

in the right column:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Section Remove Add

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367.1(a)................................ The Commission. The Interstate The Secretary. The Secretary of Transportation.

Commerce Commission

367.1(b)................................ 49 U.S.C. 10922, 10923, or 49 U.S.C. 13902.

10928.

367.1(c)................................ Commission..................... Secretary.

367.3(c)................................ Sec. 1023.4(b)(2)............. Sec. 367.4(b)(2).

367.4(a)................................ Commission..................... Secretary.

367.4(a)................................ 49 U.S.C. 10922 or 10923....... 49 U.S.C. 13902.

367.4(b) introductory text Commission..................... Secretary.

367.4(c)(2)............................. Commission (in three places)... Secretary (in three places).

367.4(c)(2)............................. 49 CFR part 1043............... 49 CFR part 387, subpart C.

367.4(c)(3)............................. Commission..................... Secretary.

367.4(c)(3)............................. 49 CFR part 1044............... 49 CFR part 366.

367.4(d)................................ Commission..................... Secretary.

367.4(d)................................ 49 CFR part 1043............... 49 CFR part 387, subpart C.

367.4(h)................................ Commission's................... Secretary's.

367.4(h)................................ 49 U.S.C. 10521(a)............. 49 U.S.C. 13501.

367.5(a) introductory text Sec. 1023.4................... Sec. 367.4.

367.5(b)................................ Sec. 1023.4(b)(2)............. Sec. 367.4(b)(2.)

367.6(c)................................ Sec. 1023.4(c)................ Sec. 367.4(c).

Heading to Appendix A................... Part 1023...................... Part 367.

Heading to Appendix A................... Operating under authority Registered with the Secretary of Transportation.

issued by the Interstate

Commerce Commission

Appendix A.............................. ICC (14 places)................ FHWA (14 places).

Appendix A.............................. 49 CFR part 1043 (two places) 49 CFR part 387, subpart C (two places).

Appendix A.............................. Title 49 CFR 1043.2............ 49 CFR 387.303.

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PART 368--[AMENDED]

3. The authority citation for part 368 is revised to read as

follows:

Authority: 49 U.S.C. 13301 and 13902; 49 CFR 1.48.

4. The heading of part 368 is revised to read as follows:

PART 368--APPLICATIONS FOR CERTIFICATES OF REGISTRATION BY FOREIGN

MOTOR CARRIERS AND FOREIGN MOTOR PRIVATE CARRIERS UNDER 49 U.S.C.

13902(c)

5. Section 368.1 is revised to read as follows:

Sec. 368.1 Controlling legislation.

(a) This part governs applications filed under 49 U.S.C. 13902(c).

Under this section certain foreign motor carriers and motor private

carriers must hold a certificate of registration to provide certain

interstate transportation services otherwise outside the registration

jurisdiction of the Secretary. Neither a foreign motor carrier nor a

foreign motor private carrier may provide interstate transportation of

property unless the Secretary has issued the carrier a certificate of

registration. The service allowable under a certificate of registration

is described in 49 U.S.C. 13902(c)(4).

(b) This part applies only to carriers of a contiguous foreign

country with

[[Page 15421]]

respect to which a moratorium is in effect under 49 U.S.C. 13902(c)(4).

6. In Sec. 368.2 paragraphs (a), (b) (1) and (2), (c)(2) and (d)

through (f) are revised to read as follows:

Sec. 368.2 Definitions.

(a) The Act. The ICC Termination Act of 1995.

* * * * *

(b) * * *

(1) Which does not hold a registration issued under 49 U.S.C.

13902(a);

(2) Which is domiciled in any contiguous foreign country, or is

owned or controlled by persons of any contiguous foreign country; and

* * * * *

(2) Which is owned or controlled by persons of any contiguous

foreign country; and

* * * * *

(d) Exempt items. Commodities described in detail at or transported

under 49 U.S.C. 13506(a) (4), (5), (6), (11), (12), (13), and (15).

(e) Interstate transportation. Transportation described at 49

U.S.C. 13501, and transportation in the United States otherwise exempt

from the Secretary's jurisdiction under 49 U.S.C. 13506(b)(1).

(f) Fit, willing and able. Safety fitness and proof of minimum

financial responsibility as defined in 49 U.S.C. 13902(a).

* * * * *

7. Section 368.3 is amended by revising paragraphs (a) and (c) and

removing paragraph (d) to read as follows:

Sec. 368.3 Procedures used generally.

(a) All applicants must file a completed Form OP-2. All required

information must be submitted in English on the Form OP-2. The

application will be decided based on the submitted Form OP-2 and any

attachments. Notice of the authority sought will not be published in

either the Federal Register or the Federal Highway Administration's

Office of Motor Carriers Register. Protests or comments will not be

allowed. There will be no oral hearings.

* * * * *

or by contacting the FHWA's Office of Motor Carriers Section of

Licensing.

8. Section 368.5 is revised to read as follows:

Sec. 368.5 Where to send the application.

The original and one copy of the application shall be filed with

the FHWA's Regional Office that has jurisdiction over applicant's point

of domicile (the instructions to the application provide more specific

information), or at such other location as the Secretary may designate

in special circumstances. A check or money order for the amount of the

filing fee set forth at 49 CFR 1002.2(f)(1), payable to the Federal

Highway Administration's Office of Motor Carriers in United States

dollars, must be submitted.

9. Section 368.6 is amended by revising the heading; by replacing

the word ``Commission'' wherever it appears in this section with

``Federal Highway Administration'; by removing paragraph (c); by

replacing the reference ``49 CFR 1044'' with ``49 CFR 366'' in

paragraph (b)(2); and by revising the introductory text of paragraph

(b) to read as follows:

Sec. 368.6 Review of the application.

* * * * *

(b) Compliance will be determined solely on the basis of the

application and the safety fitness of the applicant. An employee review

board will decide whether the authority sought falls under the Act, and

whether and to what extent the evidence warrants a grant of the

authority.

* * * * *

10. Section 368.7 is revised to read as follows:

Sec. 368.7 Appeals.

A decision disposing of an application subject to this part is a

final action of the Federal Highway Administration. Review of such an

action on appeal is governed by the FHWA's appeal regulations in 49 CFR

Part 386.

PART 371--[AMENDED]

11. The authority citation for part 371 is revised to read as

follows:

Authority: 49 U.S.C. 13301 and 13501; 49 CFR 1.48.

Sec. 371.1 [Amended]

12. Section 371.1 is amended by correcting the reference

``Sec. 1045.2'' to read as ``Sec. 371.2''.

13. In Sec. 371.3, paragraph (a) is amended by revising the

introductory paragraph; paragraph (a)(2) is amended by replacing the

words ``lead MC-number'' with the words ``registration number''; and

the undesignated paragraph after the first sentence in paragraph (a)(6)

is removed. As revised, the text of introductory paragraph (a) reads as

follows:

Sec. 371.3 Records to be kept by brokers.

(a) A broker shall keep a record of each transaction. For purposes

of this section, brokers may keep master lists of consignors and the

address and registration number of the carrier, rather than repeating

this information for each transaction. The record shall show:

* * * * *

Sec. 371.7 [Amended]

14. Section 371.7 is amended by replacing the word ``license'' with

``registration''.

Sec. 371.10 [Amended]

15. Section 371.10 is amended by replacing the words ``a

Commission'' with ``the FHWA''.

PART 372--[AMENDED]

16. The authority citation for part 372 continues to read as

follows:

Authority: 49 U.S.C. 13504 and 13506; 49 CFR 1.48.

Sec. 372.101 [Amended]

17. Section 372.101 is amended by replacing the words ``Part II of

the Interstate Commerce Act'' and ``part II of the act'' with ``49

U.S.C. subtitle IV, part B''; and by replacing the words ``section

203(b)(9) of the act'' with ``49 U.S.C. 13506(b)''.

Sec. 372.103 [Amended]

18. Section 372.103 is amended by replacing the words ``section

203(b)(1) of the act'' with ``49 U.S.C. 13506(a)(1)''.

Sec. 372.105 [Removed]

19. Section 372.105 is removed.

Sec. 372.115 [Amended]

20. Section 372.115 is amended by removing the term ``(49 U.S.C.

10526(a)(6))'' from the text, and by replacing the words ``49 U.S.C.

10526(a)(6)'' and ``section 10526(a)(6) of the recodified Interstate

Commerce Act'' with ``49 U.S.C. 13506(a)(6)'' in the section heading,

in the section text, and in the heading and Notes 1 and 2 under

``Administrative Ruling No. 133''.

Sec. 372.117 [Amended]

21. Section 372.117 is amended by replacing the words

``Commission'' in paragraph (a) and ``Interstate Commerce Commission''

in paragraph (c) with ``Secretary''; by replacing the words ``section

203(b)(7a) of the Interstate Commerce Act'' in paragraph (d)(1) with

``49 U.S.C. 13506(a)(8)(A)''; and by replacing ``section 203(b)(7a) of

the Interstate Commerce Act (49 U.S.C. 303)'' in paragraphs (d)(2) and

(d)(3) with ``49 U.S.C. 13506(a)(8)(A)''.

[[Page 15422]]

Secs. 372.201, 372.203, 372.205, 372.207, 372.209, 372.211, 372.213,

372.215, 372.217, 372.219, 372.221, 372.223, 372.225, 372.227, 372.229,

372.231, 372.233, 372.235, 372.237, 372.241, and 372.243 [Amended]

22. In the list below, for each Section indicated in the left

column, remove the word or words indicated in the middle column

wherever they appear in the Section, and add the words indicated in the

right column:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Section Remove Add

--------------------------------------------------------------------------------------------------------------------------------------------------------

372.201 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.203 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.205 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.207 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.209 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.211 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.213 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.215 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.217 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.219 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.221 introductory text................ Sec. 1048.101....................................... Sec. 372.241.

372.223 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.225 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.227 introductory text................ Section 203(b)(8) of the Interstate Commerce Act (49 49 U.S.C. 13506(b)(1).

U.S.C. 303(b)(8)).

372.229 introductory text................ 49 U.S.C. 10526(b)(1)................................ 49 U.S.C. 13506(b)(1).

372.231 introductory text................ Section 49 U.S.C. 10526(b)(1) of the Interstate 49 U.S.C. 13506(b)(1).

Commerce Act.

372.233 introductory text................ Section 10526(b)(1) of the Interstate Commerce Act 49 U.S.C. 13506(b)(1).

(49 U.S.C. 10526(b)(1)).

372.235 introductory text................ Section 49 U.S.C. 10526(b)(1) of the Interstate 49 U.S.C. 13506(b)(1).

Commerce Act (49 U.S.C. 10526(b)(1)).

372.237(a)............................... Section 10526(b)(1) of the Interstate Commerce Act 49 U.S.C. 13506(b)(1).

(49 U.S.C. 10526(b)(1)).

372.237(b)............................... Sec. 1048.101....................................... Sec. 372.241.

372.237(b)............................... Section 10526(b)(1).................................. 49 U.S.C. 13506(b)(1).

372.241 introductory text................ Part II, Interstate Commerce Act, except the 49 U.S.C. subtitle IV, part B.

provisions of section 204 relative to the

qualifications and maximum hours of service of

employees and safety of operation or standards of

equipment.

372.243 introductory text................ Sec. 1048.101....................................... Sec. 372.241.

--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 372--[AMENDED]

23. Subpart C of part 372 is amended by adding Sec. 372.300 to read

as follows:

Sec. 372.300 Distances and population data.

In the application of this subpart, distances and population data

shall be determined in the same manner as provided in 49 CFR 372.243.