Negotiated Rulemaking Committee to Revise the Motor Carrier
Financial and Operating Data Collection Program; Meeting and Extension
of Comment Period on Proposed Establishment
Federal Register Notice
January 23, 1997
Volume 62, Number 15
AGENCY: Bureau of Transportation Statistics (BTS), DOT.
ACTION: Notice of meeting; extension of comment period.
SUMMARY: The Bureau of Transportation Statistics (BTS) has proposed the
establishment of a negotiated rulemaking advisory committee (the
Committee) to examine the relevant issues and attempt to reach a
consensus in developing regulations governing the collection of
financial and operating data from motor carriers of property. Before
making a final decision on formation of the Committee, BTS will hold a
public meeting to help decide whether a negotiated rulemaking advisory
committee is needed, and, if so, to help determine the appropriate
Committee membership and issues for consideration. The meeting will be
held Monday, February 10, 1997, 9:30 am to 3:00 pm, Eastern Standard
Time. BTS is also extending the comment period on the proposal to
establish the negotiated rulemaking committee, on the proposed
membership of the Committee, and on the proposed issues for
consideration by the Committee. Persons are invited to submit
applications or nominations for membership on the Committee. The
comment period is extended to February 28, 1997.
DATES: Meeting. The meeting will be held Monday, February 10, 1997,
9:30 am to 3:00 pm, Eastern Standard Time.
Comment period. Interested parties may file comments and
nominations for committee membership on or before February 28, 1997.
ADDRESSES: Meeting. The meeting will take place at the U.S. Department
of Transportation, 400 Seventh Street, SW., Washington, D.C., in
conference room 2230 of the Nassif Building. Since access to the DOT
building is controlled, all persons who plan to attend the meeting must
notify David Mednick on (202) 366-8871 prior to February 7. Attendance
is open to the interested public but limited to space available.
Comment period. When sending comments and/or nominations, send the
original plus three copies. Mail to Docket Clerk, Docket No. BTS-96-
1979, Department of Transportation, 400 Seventh Street, SW., Room PL-
401,Washington, D.C. 20590. Commenters desiring notification of receipt
of comments must include a stamped, self-addressed postcard. The Docket
Clerk will date stamp the postcard and mail it back to the commenter.
FOR FURTHER INFORMATION CONTACT: David Mednick, Bureau of
Transportation Statistics, K-2, 400 Seventh Street, SW., Washington,
D.C. 20590; by phone at (202) 366-8871; by e-mail at
david.mednick@bts.gov; or by Fax at (202) 366-3640.
SUPPLEMENTARY INFORMATION:
Background
Under Section 103 of the ICC Termination Act of 1995, Public Law
104-88, 109 Stat. 803 (1995) (to be codified at 49 U.S.C. 14123), the
Secretary of Transportation has authority to establish regulations for
the collection of certain data from motor carriers of property and
others. On December 9, 1996, BTS published a notice in the Federal
Register (the Notice) proposing to establish a negotiated rulemaking
advisory committee (the Committee) under the Federal Advisory Committee
Act and the Negotiated Rulemaking Act. 61 FR 64849. The Committee would
consider the relevant issues and attempt to reach a consensus on
regulations governing the collection of financial and operating data
from motor carriers of property. This effort also is in response to the
President's Regulatory Reinvention Initiative, which specifically
directed agencies to increase use of regulatory negotiation in
rulemaking proceedings. The Committee would be composed of people who
represent the interests that would be substantially affected by the
rule.
The Notice proposing establishment of the Committee listed
potential topics for the negotiated rulemaking process. It also listed entities
identified as interested parties that should be included in the
negotiated rulemaking process either directly as members of the
Committee or as part of a broader caucus of similar or related
interests. The Notice requested comments on the proposal to establish a
negotiated rulemaking advisory committee, on the proposed membership of
the Committee, and on the proposed issues for consideration by the
Committee. BTS has decided to supplement its request for comments by
(1) holding a public meeting on this matter; and (2) extending the
comment period until after the public meeting.
Announcement of BTS Public Meeting
To better determine the utility of negotiating a rule on this
matter, BTS will hold a public meeting on February 10, 1997, 9:30 am to
3:00 pm, Eastern Standard Time. The meeting will take place at the U.S.
Department of Transportation, 400 Seventh Street, SW., Washington,
D.C., in conference room 2230 of the Nassif Building. Since access to
the DOT building is controlled, all persons who plan to attend the
meeting must notify David Mednick on (202) 366-8871 prior to February
7. Attendance is open to the interested public but limited to space
available. Persons with a disability requiring special services, such
as an interpreter for the hearing impaired, should contact Mr. Mednick
at (202) 366-8871 at least seven days prior to the meeting.
While negotiated rulemaking would attempt to resolve issues
surrounding the motor carrier data collection program, several initial
matters deserve attention. First, do we need to amend the existing rule
and, if so, is negotiated rulemaking the best process for updating the
motor carrier data collection program? Second, if so, what are the core
issues in dispute and differing legitimate needs of the interested
parties? Third, which organizations or interests should be represented
on the Committee?
While comments received have been helpful, BTS does not have enough
information to determine whether to pursue negotiated rulemaking. The
public meeting will bring together the various interest groups. A
facilitator will be on hand to help develop potential issues and
promote open discussion. In addition to helping BTS decide whether to
pursue the negotiated rulemaking, it should also help lay the
groundwork for the proposed Committee.
All those interested in this rulemaking, including the potential
participants listed in the Notice and those submitting applications or
nominations for membership, are encouraged to attend.
Extension of Comment Period
Because BTS has not reached a final decision on whether to use a
negotiated rulemaking process for this rule, it is extending the
comment period on its proposal published December 19, 1996. 61 FR
64849. The comment period is extended to February 28, 1997. BTS is
soliciting comments on the proposal to establish a negotiated
rulemaking advisory committee, on the proposed membership of the
Committee, and on the proposed issues for consideration by the
Committee. BTS is also accepting applications and nominations for
membership on the Committee. Please refer to the original Notice for
full details.
Issued in Washington, DC, on January 16, 1997.
Robert A. Knisely,
Deputy Director, Bureau of Transportation Statistics.
[FR Doc. 97-1580 Filed 1-22-97; 8:45 am]
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