[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72959-72960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33808]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Chapter III and Part 301
[Docket No. OST-2000-6698]
Motor Carrier Safety Regulations; Revision of Chapter Heading and
Removal of CFR Part
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: This document amends the heading for chapter III concerning
motor carrier safety regulations. On October 9, 1999, the Secretary of
Transportation (Secretary) rescinded the authority previously delegated
to the Federal Highway Administrator to perform motor carrier functions
and operations, and to carry out the duties and powers related to motor
carrier safety vested in the Secretary by chapters 5 and 315 of title
49, United States Code; and redelegated that authority to the Director,
Office of Motor Carrier Safety, a new office within the Department of
Transportation (Department). The title of chapter III, therefore, was
changed from ``Federal Highway Administration, Department of
Transportation'' to ``Office of Motor Carrier Safety, Department of
Transportation'' on October 29, 1999. On December 9, 1999, the Motor
Carrier Safety Improvement Act of 1999 established a new
administration--the Federal Motor Carrier Safety Administration
(FMCSA)--within the Department to improve the motor carrier safety
program, effective January 1, 2000. Accordingly, the title of chapter
III is now being changed from ``Office of Motor Carrier Safety,
Department of Transportation'' to ``Federal Motor Carrier Safety
Administration, Department of Transportation'' to reflect the statutory
changes noted above. The document also removes regulations that
reference the organizational structure of the Federal Highway
Administration (FHWA) so that new regulations may be added for the
FMCSA.
EFFECTIVE DATE: This final rule is effective on January 1, 2000.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Office of the
Chief Counsel, HCC-20, (202) 366-1354, Department of Transportation,
Federal Highway Administration, 400 Seventh Street, SW, Washington, DC
20590; or Ms. Cindy Walters, Office of the General Counsel, (202) 366-
9314, Department of Transportation, 400 Seventh Street, SW, Washington,
DC 20590.
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 Service 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.
Background
Section 338 of the Department of Transportation Appropriations Act,
FY2000 [Public Law 106-69, 113 Stat. 986, at 1022 (October 9, 1999)]
prohibits the expenditure of any funds appropriated by that Act ``to
carry out the functions and operations of the Office of Motor Carriers
within the Federal Highway Administration'' (FHWA). Section 338 further
provides that, if the authority of the Secretary on which the functions
and operations of the Office of Motor Carriers are based is redelegated
outside the FHWA, the funds available to that office under the Act may
be transferred and expended to support its functions and operations.
On October 9, 1999, the Secretary rescinded the authority
previously delegated to the FHWA Administrator to carry out motor
carrier functions and operations, and to carry out the duties and
powers related to motor carrier safety vested in the Secretary by
chapters 5 and 315 of title 49, U.S.C.; and redelegated that authority
to the Director, Office of Motor Carrier Safety, a new office within
the Department (64 FR 56270 and 64 FR 58356). Thus, the heading for
chapter III, title 49 of the CFR, was changed from ``Chapter III--
Federal Highway Administration, Department of Transportation'' to
``Chapter III--Office of Motor Carrier Safety, Department of
Transportation'' on October 29, 1999 (64 FR 58355).
Section 101, title I, of the Motor Carrier Safety Improvement Act
of 1999 (Public Law 106-159, 113 Stat. 1748 (December 9, 1999))
established a new administration--the Federal Motor Carrier Safety
Administration--to improve the motor carrier safety program, effective
January 1, 2000. Accordingly, the heading for chapter III, title 49 of
the CFR, is now changed to read ``Chapter III--Federal Motor Carrier
Safety Administration, Department of Transportation.''
The new FMCSA includes the following headquarters offices: the
Office of Motor Carrier Research and Standards, the Office of Data
Analysis and Information Systems, the Office of Motor Carrier
Enforcement, the Office of Policy and Program Management, the Office of
National and International Safety Programs, the Office of Technology
Evaluation and Deployment, and the Office of Program Evaluation. In
addition, the motor carrier functions of the former OMCS's Resource
Centers and Division (i.e., State) Offices have been transferred to
FMCSA Resource Centers and FMCSA Division Offices, respectively.
Rulemaking, enforcement, and other activities of the former OMCS will
be continued by the new administration. The action will cause no
changes in the motor carrier functions and operations of the offices or
resource centers listed above. For the time being all phone numbers and
addresses are unchanged. Accordingly, this rule will also remove part
301 of chapter III (which references the organizational structure of
the FHWA) and reserve this part so that new regulations may be added
for the FMCSA.
This rule is being published as a final rule and made effective on
January 1, 2000. As the rule relates to Departmental organization,
procedure, and practice, notice and comment on it are unnecessary under
5 U.S.C. 553(b). This action makes no substantive changes to the motor
carrier safety regulations. It simply provides a chapter heading change
to 49 CFR chapter III, and removes certain regulations that reference
the organizational structure of the FHWA. Therefore, prior notice and
opportunity to comment are unnecessary and that good cause exists to
dispense with the 30-day delay in the effective date requirement so
that the Federal Motor Carrier Safety Administration may administer its
regulations pursuant to the statutory changes noted above.
List of Subjects in 49 CFR Part 301
Authority delegations (Government agencies), Organization and
functions (Government agencies).
In consideration of the foregoing and under the authority of 49
U.S.C. 301 and 322, Public Law 106-159, 113 Stat. 1748, and 49 CFR
1.73, chapter III of
[[Page 72960]]
title 49, Code of Federal Regulations, is amended as follows:
1. The heading for chapter III is revised to read as follows:
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 301--[REMOVED AND RESERVED]
2. Remove and reserve part 301.
Issued on: December 22, 1999
Rosalind A. Knapp,
Acting General Counsel, Office of the Secretary of Transportation.
[FR Doc. 99-33808 Filed 12-28-99; 8:45 am]
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