[Federal Register: January 30, 2003 (Volume 68, Number 20)]
[Rules and Regulations]
[Page 4718-4719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja03-10]
[[Page 4718]]
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DEPARTMENT OF TRANSPORTATION
Bureau of Transportation Statistics
49 CFR Part 1420
[Docket No. BTS-2003-14317]
RIN Number 2139-AA10
Reports of Motor Carriers--Correction of Obsolete References and
Minor Editorial Corrections
AGENCY: BTS, DOT.
ACTION: Final rule.
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SUMMARY: The BTS is amending its regulation to eliminate obsolete
agency references to the Interstate Commerce Commission and to make
other minor editorial corrections that will improve the clarity of its
regulations. This action is taken on BTS' initiative.
EFFECTIVE DATE: This rule is effective January 30, 2003.
FOR FURTHER INFORMATION CONTACT: Russell B. Capelle, Jr., Ph.D.,
Assistant BTS Director for Motor Carrier Information, Department of
Transportation, 400 7th Street, SW., Washington, DC 20590; (202) 366-
5685; e-mail: russ.capelle@bts.gov or Paula Robinson at (202) 366-2984;
e-mail: paula.robinson@bts.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded by using a
computer, modem, and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Services at
(202) 512-1661. Internet users may reach the Office of the Federal
Register's home page at: http://www.nara.gov/fedreg and the Government
Printing Office's database at: http://www.access.gpo.gov/nara. You can
also view and download this document by going to the webpage of the
Department's Docket Management System (http://dms.dot.gov/). On that
page, click on ``search.'' On the next page, type the last five digits
of the docket number shown in the heading of this document. Then click
on ``search.''
The public should be aware that anyone can search the electronic
form of all comments received in the Department's Docket Management
System by using the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.
Background
The ICC Termination Act of 1995 (ICCTA) abolished the Interstate
Commerce Commission (ICC) and transferred certain ICC functions to the
Secretary of Transportation. The authority for the collection and
dissemination of motor carrier financial information was transferred to
the Secretary of Transportation under 49 U.S.C. 14123 and BTS'
implementing regulations (49 CFR part 1420). The Secretary of
Transportation delegated this responsibility to the BTS. This rule
removes all references to the ICC and amends the regulatory language in
49 CFR part 1420 to reflect the delegation to BTS. The final rule also
makes other minor editorial corrections to improve the clarity of the
regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule is not a significant regulatory action under section 3(f)
of E. O. 12866. Therefore, it has not been reviewed by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979). Because this rule is editorial
in nature and involves no costs or burdens, BTS has not prepared an
economic evaluation.
Executive Order 12612 (Federalism)
These amendments have been analyzed in accordance with the
principles and criteria contained in E.O. 12612. The BTS has determined
that the amendments do not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. Because this rule
is editorial in nature and involves no costs or burdens, the amendments
will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review its regulations to assess their impact on small
entities unless the agency determines that a rule is not expected to
have a significant impact on a substantial number of small entities.
The changes in this direct final rule do not increase or decrease the
data collected under Part 1420, the changes are editorial in nature and
the purpose of the rule is to remove obsolete references. Thus, based
on the above discussion, I certify this rule will not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector.
Environmental Assessment
The amendments in this final rule do not increase or decrease the
data collected under part 1420, the changes are editorial in nature and
the purpose of the rule is to remove obsolete references. Therefore, we
find that these amendments will have no impact on the quality of the
human environment.
Paperwork Reduction Act Analysis
There are no reporting or recordkeeping requirements associated
with this final rule.
Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number 2139-AA10 contained in
the heading of this document can be used to cross-reference this action
with the Unified Agenda.
Notice and Opportunity for Public Comment Is Unnecessary
Under the Administrative Procedure Act (5 U.S.C. section 553), the
BTS has determined that notice and an opportunity for public comment
are unnecessary and contrary to the public interest. Because the
amendments made in this final rule are ministerial and will have no
substantive impact on the public, the rule is effective upon
publication.
Regulatory Text
Accordingly, the Bureau of Transportation Statistics, under
delegated authority pursuant to 49 CFR part 1, amends 49 CFR part 1420
as follows:
List of Subjects in 49 CFR Part 1420
Motor carriers, Reporting and recordkeeping requirements.
[[Page 4719]]
PART 1420--[AMENDED]
1. The authority citation for Part 1420 continues to read as
follows:
Authority: 49 U.S.C. 14123.
2. The note following the authority citation for the Part is
removed.
Sec. 1420.2 [Amended]
3. Section 1420.2, paragraph (b)(1), is amended by removing the
word ``effected,'' and, in its place, adding the word ``effective''.
4. Section 1420.2, paragraph (b)(5), is amended by removing the
words ``Annual Carrier Classification Survey Form'' and, in their
place, adding the words ``Worksheet for Calculating Carrier
Classification''.
Sec. 1420.3 [Amended]
5. Section 1420.3, paragraph (a), is amended by removing the words
``subject to the Interstate Commerce Act.''
6. Section 1420.3, paragraph (b)(1), is amended by removing the
word ``effected,'' and, in its place, adding the word ``effective''.
7. Section 1420.3, paragraph (b)(4), is amended by removing the
words ``the Commission'', each time they appear, and in their place,
adding the words ``the BTS''; removing the phrase ``Class I'' and, in
its place, adding ``Class II'; and removing the words ``the Bureau of
Accounts, Interstate Commerce Commission, Washington, DC 20423'' and,
in their place, adding the words ``the Bureau of Transportation
Statistics at the address in Sec. 1420.6''.
8. Section 1420.3, paragraph (c) is amended by removing the words
``the Commission'', and in their place, adding the words ``the BTS''.
Sec. 1420.4 [Amended]
9. Section 1420.4, paragraph (b), is amended by removing the words
``the Commission'', each time they appear, and, in their place, adding
the words ``the BTS''.
10. Section 1420.4, paragraph (c), is amended by removing the words
``The Bureau of Accounts, Interstate Commerce Commission, Washington,
DC 20423'', and in their place, adding the words ``the Bureau of
Transportation Statistics at the address in Sec. 1420.6'' and, in the
paragraph's final sentence, removing the words ``the Bureau of
Accounts'' and in their place, adding the words ``the BTS''.
Sec. 1420.6 [Amended]
11. Section 1420.6 is amended by removing the designation ``K-27''
and, in its place, adding ``K-13''.
12. Section 1420.10, paragraph (a), is amended by removing the word
``other'' and, in its place, adding the word ``otherwise''.
Sec. 1420.11 [Amended]
13. Section 1420.11, is amended by removing the words ``as defined
in Sec. 1240.4 of this chapter, subject to part II of the Interstate
Commerce Act'' and adding the words Sec. as defined in Sec.
1420.3(a)''; removing the words ``motor carrier Quarterly Report of
Revenues, Expenses, and Statistics (class I carriers of passengers),
form QPA.'' and, in their place, adding the words ``Motor Carrier
Quarterly and Annual Report, Form MP-1.''; and removing the words ``the
Bureau of Accounts, Interstate Commerce Commission, Washington, DC
20423'' and, in their place, adding the words ``the Bureau of
Transportation Statistics at the address in Sec. 1420.6''.
Issued in Washington, DC, on January 22, 2003.
Russell B. Capelle, Jr.,
Assistant BTS Director for Motor Carrier Information, Bureau of
Transportation Statistics.
[FR Doc. 03-2062 Filed 1-29-03; 8:45 am]