Motor Carrier Transportation; Redesignation of Regulations From the Research and Innovative Technology Administration, 45740-45743 [E6-12962]

Download as PDF 45740 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations § 201.17 Statements of account covering compulsory licenses for secondary transmissions by cable systems. * * * * * (i) Royalty fee payment. (1) All royalty fees must be paid by a single electronic funds transfer, and must be received in the designated bank by the filing deadline for the relevant accounting period. The following information must be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office: (i) Remitter’s name and address; (ii) Name of a contact person, telephone number and extension, and email address; (iii) The actual or anticipated date that the EFT will be transmitted; (iv) Type of royalty payment (i.e. cable); cprice-sewell on PROD1PC66 with RULES (v) Total amount submitted via the EFT; (vi) Total amount to be paid by year and period; (vii) Number of Statements of Account that the EFT covers; (viii) ID numbers assigned by the Licensing Division; (ix) Legal name of the owner for each Statement of Account; (x) Identification of the first community served (city and state). (2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division. (3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (i)(1) of this section. To obtain a waiver, the remitter shall submit to the Licensing Division at least 60 days prior to the royalty fee due date a certified statement setting forth the reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or other hardship on the remitter. The certified statement must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * I 4. Amend § 201.28 as follows: I a. By revising paragraph (e)(3)(ii); I b. By redesignating paragraphs (h) through (l) as paragraphs (i) through (m) respectively, and adding a new paragraph (h); VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 I c. By amending newly redesignated paragraph (j)(1)(ii) to remove ‘‘(i)(2)’’ and add in its place ‘‘(j)(2)’’; I d. By amending newly redesignated paragraph (j)(3)(i) to remove ‘‘(i)(3)’’ and add in its place ‘‘(j)(3)’’; I e. By amending newly redesignated paragraph (j)(3)(vi) to remove ‘‘(i)’’ and add in its place ‘‘(j)’’. other hardship on the remitter. The certified statement must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter. * * * * * § 201.28 Statements of account for digital audio recording devices or media. Dated: July 19, 2006. Marybeth Peters, Register of Copyrights. Approved by: James H. Billington, Librarian of Congress. [FR Doc. E6–13113 Filed 8–9–06; 8:45 am] * * * * * (e) * * * (3) * * * (ii) The amount of the royalty payment shall be calculated in accordance with the instructions specified in the quarterly Statement of Account form. Payment shall be made as specified in § 201.28(h). * * * * * (h) Royalty fee payment. (1) All royalty fees must be paid by a single electronic funds transfer, and must be received in the designated bank by the filing deadline for the relevant accounting period. The following information must be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office: (i) Remitter’s name and address; (ii) Name of a contact person, telephone number and extension, and email address; (iii) The actual or anticipated date that the EFT will be transmitted; (iv) Type of royalty payment (i.e. DART); (v) Total amount submitted via the EFT; (vi) Total amount to be paid by year and period; (vii) Number of Statements of Account that the EFT covers; (viii) ID numbers assigned by the Licensing Division; (ix) Legal name of the owner for each Statement of Account. (2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division. (3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (1) of this section. To obtain a waiver, the remitter shall submit to the Licensing Division at least 60 days prior to the royalty fee due date a certified statement setting forth the reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 BILLING CODE 1410–30–S 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 Federal Motor Carrier Safety Administration (FMCSA) and Research and Innovative Technology Administration (RITA), DOT. ACTION: Final rule; redesignation. AGENCIES: 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. Ms. Vivian Oliver, IT Operations Division, FOR FURTHER INFORMATION CONTACT: E:\FR\FM\10AUR1.SGM 10AUR1 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations Office of Information Technology, (202) 366–2974, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with RULES 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. 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 cross1 The Research and Innovative Technology Administration was established effective February 20, 2005. VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 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 crossreferences 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 30day 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 45741 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. E:\FR\FM\10AUR1.SGM 10AUR1 45742 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations 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. cprice-sewell on PROD1PC66 with RULES 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 3year 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. VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 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 (https:// www.gpoaccess.gov), and a copy of the Order is also available as document 6 in Docket number 14095, at https:// 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. I 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] 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: I REDESIGNATION TABLE Old section New section 1420 Part heading 369 Part heading 1420.1 1420.2 1420.3 1420.4 1420.5 1420.6 E:\FR\FM\10AUR1.SGM ............................ ............................ ............................ ............................ ............................ ............................ 10AUR1 369.1 369.2 369.3 369.4 369.5 369.6 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Rules and Regulations REDESIGNATION TABLE—Continued Old section New section 1420 Part heading 369 Part heading 1420.7 [Reserved] .......... 1420.8 ............................ 1420.9 ............................ 1420.10 .......................... 1420.11 .......................... revising all references to ‘‘§ 1420.6’’ to read ‘‘§ 369.6’’. § 369.1 369.7 [Reserved] 369.8 369.9 369.10 369.11 [Amended] 6. Amend redesignated § 369.1 by removing the words ‘‘§ 1420.2’’ in paragraph (a) and adding, in their place, the words ‘‘§ 369.2’’. I § 369.5 [Amended] 7. Amend redesignated § 369.5 by removing the words ‘‘part 1220’’ and adding, in their place, the words ‘‘Part 379’’. I 2. The authority citation for redesignated part 369 is added to read as follows: I 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] 3. In redesignated part 369, revise all references to ‘‘Bureau of Transportation Statistics’’ to read ‘‘Federal Motor Carrier Safety Administration’’. I 4. Further amend redesignated part 369 by revising all references to ‘‘BTS’’ to read ‘‘FMCSA’’. I 5. Further amend redesignated part 369 by revising all references to ‘‘§ 1420.1’’ to read ‘‘§ 369.1’’ and by cprice-sewell on PROD1PC66 with RULES I VerDate Aug<31>2005 14:32 Aug 09, 2006 Jkt 208001 § 369.6 [Amended] 8. Amend redesignated § 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.’’ I § 369.8 [Amended] 9. Amend redesignated § 369.8 by revising as follows: I a. In paragraph (c), remove the words ‘‘§ 1420.9(c)’’ and add, in their place, the words ‘‘§ 369.9(c)’’. I PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 45743 b. In paragraph (d), remove the words ‘‘§ 1420.9(d)’’ and add, in their place, the words ‘‘§ 369.9(d)’’. I § 369.10 [Amended] 10. Amend redesignated § 369.10 by removing the words ‘‘§ 1420.9’’ in paragraphs (b)(1) and (2) and adding, in their place, the words ‘‘§ 369.9’’. I § 369.11 [Amended] 11. Amend redesignated § 369.11 by revising as follows: I a. Remove the words ‘‘§ 1420.3(a)’’ and add, in their place, the words ‘‘§ 369.3(a)’’. I b. Remove the words ‘‘Office of the Bureau of Transportation Statistics’’ and add, in their place, the words ‘‘FMCSA Office of Information Management’’. I 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] BILLING CODE 4910–EX–P E:\FR\FM\10AUR1.SGM 10AUR1

Agencies

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


=======================================================================
-----------------------------------------------------------------------

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.

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

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.
---------------------------------------------------------------------------

    \1\ The Research and Innovative Technology Administration was 
established effective February 20, 2005.
---------------------------------------------------------------------------

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 (https://
www.gpoaccess.gov), and a copy of the Order is also available as 
document 6 in Docket number 14095, at https://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
------------------------------------------------------------------------
              Old section                          New section
------------------------------------------------------------------------
           1420 Part heading                    369 Part heading
------------------------------------------------------------------------
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
------------------------------------------------------------------------


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]
BILLING CODE 4910-EX-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.