Update of Department of Transportation Regulations; Termination of the Department of Transportation Board of Contract Appeals, 71384-71386 [2016-24052]
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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
https://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 https://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).
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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]
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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:
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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:
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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
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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
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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:
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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 https://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 https://
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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
