Update of Department of Transportation Regulations; Termination of the Department of Transportation Board of Contract Appeals, 71384-71386 [2016-24052]

Download as PDF 71384 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive Order.’’ The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA’s impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of this rulemaking and its impact analysis are available on VA’s Web site at http://www.va.gov/orpm/, by following the link for ‘‘VA Regulations Published From FY 2004 Through Fiscal Year to Date.’’ jstallworth on DSK7TPTVN1PROD with RULES Regulatory Flexibility Act The Secretary hereby certifies that this interim final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601–612). This interim final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This interim final rule will have no such effect on State, local, and tribal governments, or on the private sector. Paperwork Reduction Act This interim final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). VerDate Sep<11>2014 16:57 Oct 14, 2016 Jkt 241001 Catalog of Federal Domestic Assistance DEPARTMENT OF DEFENSE The Catalog of Federal Domestic Assistance program numbers and titles for this rule are: 64.104, Pension for Non-Service-Connected Disability for Veterans; 64.109, Veterans Compensation for Service-Connected Disability. GENERAL SERVICES ADMINISTRATION Signing Authority [FAC 2005–91; FAR Case 2015–022; Item V; Docket No. 2015–0022, Sequence No. 1] The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on October 7, 2016, for publication. Dated: October 7, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. List of Subjects in 38 CFR Part 3 Administrative practice and procedure, Disability benefits, Pensions, Veterans. For the reasons set out in the preamble, VA amends 38 CFR part 3 as follows: Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A continues to read as follows: ■ Authority: 38 U.S.C. 501(a), unless otherwise noted. 2. In § 3.317, paragraph (a)(1)(i) is revised to read as follows: ■ 3.317 Compensation for certain disabilities occurring in Persian Gulf veterans. (a) * * * (1) * * * (i) Became manifest either during active military, naval, or air service in the Southwest Asia theater of operations, or to a degree of 10 percent or more not later than December 31, 2021; and * * * * * (Authority: 38 U.S.C. 1117, 1118). [FR Doc. 2016–25017 Filed 10–14–16; 8:45 am] PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 48 CFR Parts 2, 4, 9, 12, 19, 52, and 53 RIN 9000–AN00 Federal Acquisition Regulation; Unique Identification of Entities Receiving Federal Awards Correction In rule document 2016–23198 beginning on page 67736 in the issue of September 30, 2016, make the following correction: 52.204–7 [Corrected] On page 67739, in the second column, the provision heading which reads ‘‘System for Award Management ’’ should read ‘‘System for Award Management (Oct 2016)’’. ■ [FR Doc. C1–2016–23198 Filed 10–14–16; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF TRANSPORTATION 48 CFR Chapter 63 Office of the Secretary PART 3—ADJUDICATION BILLING CODE 8320–01–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 49 CFR Part 6 [Docket No. OST–2013–0142] RIN 2105–AE27 Update of Department of Transportation Regulations; Termination of the Department of Transportation Board of Contract Appeals Board of Contract Appeals, Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: The Department of Transportation is revising its regulations by removing chapter 63 of Title 48 of the Code of Federal Regulations (CFR) and amending 49 CFR part 6. These revisions result from our ongoing efforts to review and improve our regulations, and will harmonize the CFR with Departmental restructuring required by statutory changes. DATES: This final rule is effective on October 17, 2016. FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney, Office of SUMMARY: E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations Regulation, Office of General Counsel, 202–493–0308, jill.laptosky@dot.gov. On December 9, 1999, the President signed the Motor Carrier Safety Improvement Act of 1999, Public Law 106–159, 113 Stat. 1748, removing regulatory authority over motor carriers from the Federal Highway Administration and vesting that authority in the newly created Federal Motor Carrier Safety Administration (FMCSA). Then, on November 25, 2002, the President signed the Homeland Security Act of 2002, Public Law 107–296, 116 Stat. 2135. In addition to creating the Department of Homeland Security (DHS), the Homeland Security Act reorganized certain agencies of the Federal executive branch; in particular, the Homeland Security Act transferred the United States Coast Guard (USCG) from DOT to the newly created DHS. See id. at Sec. 1704. This final rule revises the Department’s regulations to reflect the creation of FMCSA and the transfer of USCG to DHS. On January 6, 2006, the President signed the National Defense Authorization Act for FY 2006, Public Law 109–163 (the Act), establishing the Civilian Board of Contract Appeals (CBCA). Section 847 of the Act vests the CBCA with jurisdiction over claims that previously would have been filed before the boards of contract appeals of individual agencies. In light of this change, references to the now-defunct Department of Transportation Board of Contract Appeals are being removed from our regulations. Prior to the modifications announced in this final rule, 49 CFR 6.5, concerning the applicability of the Equal Access to Justice Act in DOT proceedings, referred to the ‘‘agency board of contract appeals.’’ This regulatory language is being revised to reflect the statutory changes discussed above, as well as the updated DOT organizational structure. DOT is publishing this final rule without notice and comment under the ‘‘good cause’’ exemption of the Administrative Procedure Act (5 U.S.C. 553). The good cause exemption allows agencies to dispense with notice and comment if those procedures are impracticable, unnecessary, or contrary to the public interest. We have determined that, given the obsolete nature of the regulations affected by this final rule, notice and comment are unnecessary. For these same reasons, we have determined that good cause exists for the final rule to become effective immediately. jstallworth on DSK7TPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 14:00 Oct 14, 2016 Jkt 241001 Regulatory Analyses and Notices Executive Order 12866 and Executive Order 13563 Executive Orders 12866 and 13563 direct agencies to assess all the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). This final rule is not a significant regulatory action as defined by Executive Order 12866 and, therefore, is not subject to review by the Office of Information and Regulatory Affairs. As this rule removes and updates obsolete regulatory provisions, we expect there to be no costs related to the changes made in this rule. Executive Order 13132: Federalism This final rule will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government, within the meaning of Executive Order 13132. Unfunded Mandates Reform Act This final rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $156 million or more in any one (1) year, and it will not significantly or uniquely affect small governments. Therefore, no actions are deemed necessary under the provisions of the Unfunded Reform Act of 1995. Regulatory Flexibility Act Since notice and comment is not necessary for this rulemaking, the provisions of the Regulatory Flexibility Act (Pub. L. 96–354, 5 U.S.C. 601–612) do not apply. Paperwork Reduction Act This final rule does not contain information collection requirements subject to the Paperwork Reduction Act. National Environmental Policy Act The agency has analyzed the environmental impacts of this proposed action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency’s NEPA implementing procedures that do not PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 71385 normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action is covered by the categorical exclusion listed in the Federal Highway Administration’s implementing procedures, ‘‘[p]romulgation of rules, regulations, and directives.’’ 23 CFR 771.117(c)(20). The purpose of this rulemaking is to remove obsolete language from the Department’s regulations. The agency does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. List of Subjects 48 CFR Parts 6301 and 6302 Administrative practice and procedure, Government procurement. 49 CFR Part 6 Claims, Equal access to justice, Lawyers. For the reasons set forth in the preamble, in accordance with sec. 847 of Public Law 109–163, (119 Stat. 3391), OST amends 48 CFR by removing chapter 63 and, under the same authority, as well as the authority in sec. 1704 of Public Law 107–296 (116 Stat. 2314), OST amends 49 CFR part 6 as follows: Title 48—Federal Acquisition Regulations System CHAPTER 63 — DEPARTMENT OF TRANSPORTATION BOARD OF CONTRACT APPEALS ■ 1. Remove Chapter 63. Title 49—Transportation PART 6—IMPLEMENTATION OF EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS 2. The authority citation for part 6 continues to read as follows: ■ Authority: 5 U.S.C. 504; 28 U.S.C. 2412. 3. Amend § 6.5 by revising paragraph (a) to read as follows: ■ § 6.5 Proceedings covered. (a) The Act applies to adversarial adjudications conducted by the E:\FR\FM\17OCR1.SGM 17OCR1 71386 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Rules and Regulations Department of Transportation. These are adjudications under 5 U.S.C. 554 in which the position of the Department is represented by an attorney or other representative who enters an appearance and participates in the proceeding. Coverage of the Act begins at designation of a proceeding or issuance of a charge sheet. Any proceeding in which the Department may prescribe or establish a lawful present or future rate is not covered by the Act. Proceedings to grant or renew licenses are also excluded, but proceedings to modify, suspend, or revoke licenses are covered if they are otherwise ‘‘adversary adjudications.’’ For the Department of Transportation, the types of proceedings covered include, but may not be limited to: National Highway Traffic Safety Administration (NHTSA) automotive fuel economy enforcement under 49 CFR part 511; Federal Motor Carrier Safety Administration (FMCSA) enforcement of motor carrier safety regulations under 49 CFR 386; and the Department’s aviation economic enforcement proceedings conducted by its Office of Aviation Enforcement and Proceedings pursuant to 14 CFR Chapter II. Also covered is any hearing conducted under Chapter 38 of title 31 of the U.S. Code or the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.). * * * * * Issued under authority delegated in 49 CFR 1.27(c). Molly J. Moran, Acting General Counsel. [FR Doc. 2016–24052 Filed 10–14–16; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R1–ES–2014–0045; FXES11130900000C6–167–FF09E42000] jstallworth on DSK7TPTVN1PROD with RULES RIN 1018–BA30 Endangered and Threatened Wildlife and Plants; Reclassifying the Columbia River Distinct Population Segment of the Columbian WhiteTailed Deer as Threatened With a Rule Under Section 4(d) of the Act Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), determine SUMMARY: VerDate Sep<11>2014 14:00 Oct 14, 2016 Jkt 241001 threatened species status under the Endangered Species Act of 1973 (Act), as amended, for the Columbia River distinct population segment (DPS) of Columbian white-tailed deer (Odocoileus virginianus leucurus). This subspecies of white-tailed deer is found in limited areas of Clatsop, Multnomah, and Columbia Counties in Oregon, and Cowlitz, Wahkiakum, Pacific, Skamania, and Clark Counties in Washington. The effect of this rule is to change the listing status of the Columbia River DPS of Columbian white-tailed deer from an endangered species to a threatened species on the List of Endangered and Threatened Wildlife. We call this ‘‘reclassifying’’ or ‘‘downlisting’’ the DPS. We are also adopting a rule under the authority of section 4(d) of the Act (a ‘‘4(d) rule’’) that is necessary and advisable to provide for the conservation of the Columbia River DPS of the Columbian white-tailed deer. DATES: This rule is effective November 16, 2016. ADDRESSES: This final rule is available online at http://www.regulations.gov under Docket No. FWS–R1–ES–2014– 0045. Comments and materials received, as well as supporting documentation used in preparation of this final rule, are available for public inspection at http:// www.regulations.gov, or by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Avenue, Portland, OR 97266; telephone 503–231–6179. FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, telephone: 503–231–6179. Direct all questions or requests for additional information to: Columbian White-tailed Deer Information Request, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Avenue, Portland, OR 97266. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800–877–8337 for TTY (telephone typewriter or teletypewriter) assistance 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Executive Summary Why we need to publish a rule. Under the Act, a species may warrant reclassification from endangered to threatened if it no longer meets the definition of endangered (in danger of extinction). The reclassification of a listed species can only be completed by issuing a rule. The endangered designation no longer correctly reflects the current status of the Columbia River DPS of Columbian white-tailed deer (CWTD) due to a substantial PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 improvement in the species’ status. This action is based on a thorough review of the best available scientific and commercial data, which indicate an increasing population trend within the DPS and the presence of multiple secure subpopulations. This rule finalizes the reclassification of the Columbia River DPS of CWTD as a threatened species. It includes provisions under the authority of section 4(d) of the Act that are necessary and advisable for the conservation needs of the CWTD. The basis for our action. Under the Act, we may determine that a species is an endangered or threatened species because of any one or a combination of the five factors described in section 4(a)(1) of the Act: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. The population of the Columbia River DPS of CWTD consists of over 900 individuals. In addition to the new Ridgefield National Wildlife Refuge (NWR) subpopulation of 100 individuals, there are three other secure subpopulations. We have determined that the CWTD is no longer at risk of extinction and, therefore, does not meet the definition of endangered, but is still impacted by habitat loss and degradation of habitat to the extent that the DPS meets the definition of a threatened species under the Act (a species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range). Under section 4(d) of the Act, the Secretary of the Interior has discretion to issue such regulations she deems necessary and advisable to provide for the conservation of the species. A 4(d) rule may include some or all of the prohibitions and authorizations set out in title 50 of the Code of Federal Regulations (CFR) at sections 17.31 and 17.32 (50 CFR 17.31 and 17.32), but also may be more or less restrictive than those general provisions. For the Columbia River DPS of CWTD, the Service has determined that a 4(d) rule is appropriate as a means to facilitate conservation of CWTD in the Columbia River DPS and expansion of the species’ range by increasing flexibility in management activities for our State and Tribal partners and private landowners. Peer review and public comment. We sought comments from independent specialists to ensure that our E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Rules and Regulations]
[Pages 71384-71386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24052]


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DEPARTMENT OF TRANSPORTATION

48 CFR Chapter 63

Office of the Secretary

49 CFR Part 6

[Docket No. OST-2013-0142]
RIN 2105-AE27


Update of Department of Transportation Regulations; Termination 
of the Department of Transportation Board of Contract Appeals

AGENCY: Board of Contract Appeals, Office of the Secretary (OST), U.S. 
Department of Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The Department of Transportation is revising its regulations 
by removing chapter 63 of Title 48 of the Code of Federal Regulations 
(CFR) and amending 49 CFR part 6. These revisions result from our 
ongoing efforts to review and improve our regulations, and will 
harmonize the CFR with Departmental restructuring required by statutory 
changes.

DATES: This final rule is effective on October 17, 2016.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney, Office of

[[Page 71385]]

Regulation, Office of General Counsel, 202-493-0308, 
jill.laptosky@dot.gov.

SUPPLEMENTARY INFORMATION: On December 9, 1999, the President signed 
the Motor Carrier Safety Improvement Act of 1999, Public Law 106-159, 
113 Stat. 1748, removing regulatory authority over motor carriers from 
the Federal Highway Administration and vesting that authority in the 
newly created Federal Motor Carrier Safety Administration (FMCSA). 
Then, on November 25, 2002, the President signed the Homeland Security 
Act of 2002, Public Law 107-296, 116 Stat. 2135. In addition to 
creating the Department of Homeland Security (DHS), the Homeland 
Security Act reorganized certain agencies of the Federal executive 
branch; in particular, the Homeland Security Act transferred the United 
States Coast Guard (USCG) from DOT to the newly created DHS. See id. at 
Sec. 1704. This final rule revises the Department's regulations to 
reflect the creation of FMCSA and the transfer of USCG to DHS.
    On January 6, 2006, the President signed the National Defense 
Authorization Act for FY 2006, Public Law 109-163 (the Act), 
establishing the Civilian Board of Contract Appeals (CBCA). Section 847 
of the Act vests the CBCA with jurisdiction over claims that previously 
would have been filed before the boards of contract appeals of 
individual agencies. In light of this change, references to the now-
defunct Department of Transportation Board of Contract Appeals are 
being removed from our regulations.
    Prior to the modifications announced in this final rule, 49 CFR 
6.5, concerning the applicability of the Equal Access to Justice Act in 
DOT proceedings, referred to the ``agency board of contract appeals.'' 
This regulatory language is being revised to reflect the statutory 
changes discussed above, as well as the updated DOT organizational 
structure.
    DOT is publishing this final rule without notice and comment under 
the ``good cause'' exemption of the Administrative Procedure Act (5 
U.S.C. 553). The good cause exemption allows agencies to dispense with 
notice and comment if those procedures are impracticable, unnecessary, 
or contrary to the public interest. We have determined that, given the 
obsolete nature of the regulations affected by this final rule, notice 
and comment are unnecessary. For these same reasons, we have determined 
that good cause exists for the final rule to become effective 
immediately.

Regulatory Analyses and Notices

Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). This 
final rule is not a significant regulatory action as defined by 
Executive Order 12866 and, therefore, is not subject to review by the 
Office of Information and Regulatory Affairs. As this rule removes and 
updates obsolete regulatory provisions, we expect there to be no costs 
related to the changes made in this rule.

Executive Order 13132: Federalism

    This final rule will not have a substantial effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among various levels 
of government, within the meaning of Executive Order 13132.

Unfunded Mandates Reform Act

    This final rule will not result in the expenditure by State, local 
and tribal governments, in the aggregate, or by the private sector, of 
$156 million or more in any one (1) year, and it will not significantly 
or uniquely affect small governments. Therefore, no actions are deemed 
necessary under the provisions of the Unfunded Reform Act of 1995.

Regulatory Flexibility Act

    Since notice and comment is not necessary for this rulemaking, the 
provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 
601-612) do not apply.

Paperwork Reduction Act

    This final rule does not contain information collection 
requirements subject to the Paperwork Reduction Act.

National Environmental Policy Act

    The agency has analyzed the environmental impacts of this proposed 
action pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321 et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical 
exclusions are actions identified in an agency's NEPA implementing 
procedures that do not normally have a significant impact on the 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). See 40 CFR 
1508.4. In analyzing the applicability of a categorical exclusion, the 
agency must also consider whether extraordinary circumstances are 
present that would warrant the preparation of an EA or EIS. Id. 
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the 
categorical exclusions for all DOT Operating Administrations. This 
action is covered by the categorical exclusion listed in the Federal 
Highway Administration's implementing procedures, ``[p]romulgation of 
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The 
purpose of this rulemaking is to remove obsolete language from the 
Department's regulations. The agency does not anticipate any 
environmental impacts, and there are no extraordinary circumstances 
present in connection with this rulemaking.

List of Subjects

48 CFR Parts 6301 and 6302

    Administrative practice and procedure, Government procurement.

49 CFR Part 6

    Claims, Equal access to justice, Lawyers.

    For the reasons set forth in the preamble, in accordance with sec. 
847 of Public Law 109-163, (119 Stat. 3391), OST amends 48 CFR by 
removing chapter 63 and, under the same authority, as well as the 
authority in sec. 1704 of Public Law 107-296 (116 Stat. 2314), OST 
amends 49 CFR part 6 as follows:

Title 48--Federal Acquisition Regulations System

CHAPTER 63 -- DEPARTMENT OF TRANSPORTATION BOARD OF CONTRACT APPEALS

0
1. Remove Chapter 63.

Title 49--Transportation

PART 6--IMPLEMENTATION OF EQUAL ACCESS TO JUSTICE ACT IN AGENCY 
PROCEEDINGS

0
2. The authority citation for part 6 continues to read as follows:

    Authority: 5 U.S.C. 504; 28 U.S.C. 2412.


0
3. Amend Sec.  6.5 by revising paragraph (a) to read as follows:


Sec.  6.5   Proceedings covered.

    (a) The Act applies to adversarial adjudications conducted by the

[[Page 71386]]

Department of Transportation. These are adjudications under 5 U.S.C. 
554 in which the position of the Department is represented by an 
attorney or other representative who enters an appearance and 
participates in the proceeding. Coverage of the Act begins at 
designation of a proceeding or issuance of a charge sheet. Any 
proceeding in which the Department may prescribe or establish a lawful 
present or future rate is not covered by the Act. Proceedings to grant 
or renew licenses are also excluded, but proceedings to modify, 
suspend, or revoke licenses are covered if they are otherwise 
``adversary adjudications.'' For the Department of Transportation, the 
types of proceedings covered include, but may not be limited to: 
National Highway Traffic Safety Administration (NHTSA) automotive fuel 
economy enforcement under 49 CFR part 511; Federal Motor Carrier Safety 
Administration (FMCSA) enforcement of motor carrier safety regulations 
under 49 CFR 386; and the Department's aviation economic enforcement 
proceedings conducted by its Office of Aviation Enforcement and 
Proceedings pursuant to 14 CFR Chapter II. Also covered is any hearing 
conducted under Chapter 38 of title 31 of the U.S. Code or the 
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
* * * * *

    Issued under authority delegated in 49 CFR 1.27(c).
Molly J. Moran,
Acting General Counsel.
[FR Doc. 2016-24052 Filed 10-14-16; 8:45 am]
 BILLING CODE 4910-9X-P