Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations 58663

§ 54.400 Terms and Definitions.

* * * * *

(e) * * *

Note to paragraph (e): This paragraph (e)

is stayed to the extent that it applies to

qualifying low-income consumers living

‘‘near reservations’’ as that phrase is defined

in 25 CFR 20.1(r).

[FR Doc. 00–25220 Filed 9–29–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 375 and 386

RIN 2126–AA56

Transportation of Household Goods in

Interstate or Foreign Commerce; Rules

of Practice for Motor Carrier Safety and

Hazardous Materials Proceedings

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule; technical

amendments.

SUMMARY: This document implements

sections 208 and 209 of the Motor

Carrier Safety Improvement Act

(MCSIA) of 1999 by amending 49 CFR

parts 386 and 375, respectively. Section

208 revised the definition of an

imminent hazard in 49 U.S.C.

521(b)(5)(B), and section 209 amended

the definition of household goods in 49

U.S.C. 13102(10). Other technical

changes are also being made to part 386,

as explained below.

EFFECTIVE DATE: November 1, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

William C. Hill, Regulatory

Development Division, Office of Policy

and Program Development, FMCSA,

(202) 366–4009, or Mr. Charles E.

Medalen, Office of the Chief Counsel,

(202) 366–1354, Federal Highway

Administration (FHWA), 400 Seventh

Street, SW., Washington, D.C. 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded using a 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

The MCSIA of 1999 [Pub. L. 106–159,

113 Stat. 1748, December 9, 1999] made

a number of changes to title 49, United

States Code. This document implements

the amendments made by sections 208

and 209, and makes minor technical

changes to 49 CFR 386.72(a).

Section 208 revised the definition of

an imminent hazard in 49 U.S.C.

521(b)(5)(B) to cover ‘‘any condition of

vehicle, employee, or commercial motor

vehicle operations which substantially

increases the likelihood of serious

injury or death if not discontinued

immediately.’’ The previous definition

was ‘‘any condition of vehicle,

employee, or commercial motor vehicle

operations which is likely to result in

serious injury or death if not

discontinued immediately.’’ In order to

implement the new standard, 49 CFR

386.72(b)(1) is being amended. In

addition, references to Federal Highway

Administration (FHWA) personnel in

that paragraph are being changed to list

the appropriate officials of the FMCSA.

Section 209 amended the definition of

household goods by revising paragraph

(A) of 49 U.S.C. 13102(10). The new

version provides that ‘‘(10) Household

goods.—The term ‘household goods,’ as

used in connection with transportation,

means personal effects and property

used or to be used in a dwelling, when

a part of the equipment or supply of

such dwelling, and similar property if

the transportation of such effects or

property is—(A) arranged and paid for

by the householder, except such term

does not include property moving from

a factory or store, other than property

that the householder has purchased

with the intent to use in his or her

dwelling and is transported at the

request of, and the transportation

charges are paid to the carrier by, the

householder.’’ The previous text of

paragraph (A) read: ‘‘(A) arranged and

paid for by the householder, including

transportation of property from a factory

or store when the property is purchased

by the householder with intent to use in

his or her dwelling.’’ To make the new

definition applicable, 49 CFR

375.1(b)(1) is being amended.

Finally, 49 CFR 386.72(a) is being

amended to substitute references to the

appropriate FMCSA officials for the

FHWA officials previously listed there,

and to conform the language of the

paragraph more closely to the applicable

definition of imminent hazard [49

U.S.C. 5102(5)]. This definition is not

identical to the imminent hazard

definition applicable to § 386.72(b) [i.e.,

49 U.S.C. 521(b)(5)(B)].

Rulemaking Analyses and Notices

These amendments make regulatory

changes to implement two amendments

enacted by Congress; to update

references to FHWA functions now

exercised by the FMCSA; and to

conform the language of § 386.72(a)

more closely to the underlying statute.

Public comments are unnecessary and

could not change the substance of these

amendments, since all of the changes

being made today are required by

statute. The FMCSA therefore finds

good cause pursuant to 5 U.S.C. 553(b)

to promulgate these amendments

without prior notice and opportunity for

comment.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866. The agency has also

determined that this action is not a

significant regulatory action under the

DOT’s regulatory policies and

procedures. These technical

amendments are ministerial in nature.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FMCSA has evaluated the effects of this

rule on small entities and has

determined that it will not have a

significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act of

1995

This rule does not impose a Federal

mandate resulting in the expenditure by

State, local and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more in any one year (2

U.S.C. 1531 et seq.).

Executive Order 12988 (Civil Justice

Reform)

This action meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Executive Order 13045 (Protection of

Children)

We have analyzed this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

58664 Federal Register / Vol. 65, No. 191 / Monday, October 2, 2000 / Rules and Regulations

to health or safety that may

disproportionately affect children.

Executive Order 12630 (Taking of

Private Property)

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and it has

been determined this action does not

have a substantial direct effect or

sufficient federalism implications on

States that would limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this regulation.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for the purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501–

3520.

National Environmental Policy Act

The agency has analyzed this

rulemaking for the purpose of the

National Environmental Policy Act of

1969 (42 U.S.C. 4321–4347), and has

determined that this action would not

have any effect on the quality of the

environment.

Regulation Identification Number

A regulation identification 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 contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects

49 CFR Part 375

Advertising, Arbitration, Consumer

protection, Freight, Insurance, Motor

carriers, Moving of household goods,

Reporting and recordkeeping

requirements.

49 CFR Part 386

Administrative procedures,

Commercial motor vehicle safety,

Highway safety, Motor carriers.

Issued on: September 27, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator.

In consideration of the foregoing, the

FMCSA amends Title 49, Code of

Federal Regulations, Chapter III, parts

375 and 386 as set forth below:

PART 375—TRANSPORTATION OF

HOUSEHOLD GOODS IN INTERSTATE

OR FOREIGN COMMERCE

1. Revise the authority citation for

part 375 to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 13301

and 14104; and 49 CFR 1.73.

2. Revise § 375.1(b) to read as follows:

§ 375.1 Applicability and definitions.

* * * * *

(b) * * *

(1) Household goods. The term

‘‘household goods’’ means personal

effects and property used or to be used

in a dwelling when a part of the

equipment or supply of such dwelling

and such other similar property as the

FMCSA may provide by regulation;

except that this definition shall not

include property moving from a factory

or store, other than property that the

householder has purchased with the

intent to use in his or her dwelling and

is transported at the request of, and the

transportation charges are paid to the

carrier by the householder.

* * * * *

PART 386—RULES OF PRACTICE FOR

MOTOR CARRIER SAFETY AND

HAZARDOUS MATERIALS

PROCEEDINGS

3. The authority citation for part 386

is revised to read as follows:

Authority: 49 U.S.C. 113, Chapters 5, 51,

131–141, 145–149, 311 (Subchapter III), 313,

and 315, Pub. L. 104–134, title III, chapter 10,

Sec. 31001, par. (s), 110 Stat. 1321–373, and

49 CFR 1.45 and 1.73.

4. In § 386.72 revise paragraphs (a)

and (b)(1) to read as follows:

§ 386.72 Imminent hazard.

(a) Whenever it is determined that an

imminent hazard exists as a result of the

transportation by motor vehicle of a

particular hazardous material, the Chief

Counsel or Deputy Chief Counsel of the

FMCSA may bring, or request the

United States Attorney General to bring,

an action in the appropriate United

States District Court for an order

suspending or restricting the

transportation by motor vehicle of the

hazardous material or for such other

order as is necessary to eliminate or

ameliorate the imminent hazard, as

provided by 49 U.S.C. 5122. In this

paragraph, ‘‘imminent hazard’’ means

the existence of a condition that

presents a substantial likelihood that

death, serious illness, severe personal

injury, or a substantial endangerment to

health, property, or the environment

may occur before a notice of

investigation proceeding, or other

administrative hearing or formal

proceeding, to abate the risk of harm can

be completed.

(b)(1) Whenever it is determined that

a violation of 49 U.S.C. 31502 or the

Motor Carrier Safety Act of 1984, as

amended, or the Commercial Motor

Vehicle Safety Act of 1986, as amended,

or a regulation issued under such

section or Acts, or a combination of

such violations, poses an imminent

hazard to safety, the Director of the

Office of Enforcement and Compliance

or a State Director, or his or her

delegate, shall order a vehicle or

employee operating such vehicle out of

service, or order an employer to cease

all or part of the employer’s commercial

motor vehicle operations, as provided

by 49 U.S.C. 521(b)(5). In making any

such order, no restrictions shall be

imposed on any employee or employer

beyond that required to abate the

hazard. In this paragraph, ‘‘imminent

hazard’’ means any condition of vehicle,

employee, or commercial motor vehicle

operations which substantially increases

the likelihood of serious injury or death

if not discontinued immediately.

* * * * *

[FR Doc. 00–25260 Filed 9–29–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AG08

Migratory Bird Hunting; Migratory Bird

Hunting Regulations on Certain

Federal Indian Reservations and

Ceded Lands for the 2000–01 Late

Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.