Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations 52457 

Submarine cable systems 

(capacity as of Dec. 31, 2012) Fee amount Address 

< 2.5 Gbps .............................................................................. $13,600 FCC, International, P.O. Box 979084, St. Louis, MO 63197– 

9000. 

2.5 Gbps or greater, but less than 5 Gbps ............................ 27,200 FCC, International, P.O. Box 979084, St. Louis, MO 63197– 

9000. 

5 Gbps or greater, but less than 10 Gbps ............................. 54,425 FCC, International, P.O. Box 979084, St. Louis, MO 63197– 

9000. 

10 Gbps or greater, but less than 20 Gbps ........................... 108,850 FCC, International, P.O. Box 979084, St. Louis, MO 63197– 

9000. 

20 Gbps or greater ................................................................. 217,675 FCC, International, P.O. Box 979084, St. Louis, MO 63197– 

9000. 

[FR Doc. 2013–20516 Filed 8–22–13; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Chapter 2 

Defense Federal Acquisition 

Regulation Supplement; Appendix A, 

Armed Services Board of Contract 

Appeals, Part 1—Charter 

CFR Correction 

■ In Title 48 of the Code of Federal 

Regulations, Chapter 2 (Parts 201 to 

299), revised as of October 1, 2012, on 

page 573, in Appendix A to Chapter 2, 

add two lines to the list immediately 

preceding Part 1—Charter to read as 

follows: 

Appendix A to Chapter 2—Armed 

Services Board of Contract Appeals 

* * * * * 

Armed Services Board of Contract Appeals 

* * * * * 

Revised 27 June 2000. 

Revised 14 May 2007. 

* * * * * 

[FR Doc. 2013–20699 Filed 8–22–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 365 

Transfers of Operating Authority 

Registration 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Interpretation. 

SUMMARY: FMCSA provides notice 

concerning the Agency’s new process 

and legal interpretation for recording 

transfers of operating authority 

registration by non-exempt for-hire 

motor carriers, property brokers and 

freight forwarders. 

DATES: The process and interpretation 

are effective October 22, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeff Secrist, Office of Registration and 

Safety Information, U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. Telephone (202) 385–2367 or 

FMCSAOATransfers@dot.gov. Office 

hours are from 8:00 a.m. to 4:30 p.m., 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

As part of an ongoing assessment of 

Agency processes and its retrospective 

review of regulations, see E.O. 13563, 76 

FR 3221 (Jan. 21, 2011); 5 U.S.C. 610, 

FMCSA reexamined its legal authority 

for continued enforcement of 49 CFR 

part 365, subpart D, ‘‘Transfer of 

Operating Rights under 49 U.S.C. 

10926.’’ As discussed in the 

Supplemental Notice of Proposed 

Rulemaking for the Unified Registration 

System (URS), 76 FR 66506, 66511 

(October 26, 2011), and in the URS Final 

Rule, published elsewhere in today’s 

Federal Register, Congress repealed 

former 49 U.S.C. 10926 as part of the 

ICC Termination Act of 1995, Public 

Law 104–88, 109 Stat. 803 (Dec. 29, 

1995) (ICCTA), and with it the express 

authority previously granted to 

FMCSA’s predecessor agency (in this 

case, the former Interstate Commerce 

Commission (ICC)) to review and 

approve transfers of operating authority. 

However, Congress did not prohibit 

the practice—long recognized under the 

ICC regulation—of transferring 

operating authority rights, nor did it 

rescind subpart D or otherwise prohibit 

the Agency from continuing to review 

and approve such transfers. The ICCTA 

and its legislative history were silent 

regarding the continued effect of the 

regulatory provisions then in place for 

transfers of operating rights, and the 

provisions have remained substantially 

unchanged since 1996, in 49 CFR part 

365, subpart D. Moreover, the Agency 

continues to have a duty under 49 

U.S.C. 13902 to register motor carriers 

that are fit, willing, and able to comply 

with applicable statutory and regulatory 

requirements. And transfer approvals 

historically have been a reasonable and 

effective part of that program. 

As a result of the highly specific and 

more limited nature of operating 

authority, which historically was 

defined by such factors as restricted 

commodity and territorial scope, 

specified regular route designations for 

passenger carriers, and types of service 

such as contract and common carrier 

operations, the regulated community 

came to treat operating authority as an 

asset of commercial value. Essentially 

operating authority was recognized as a 

property right that could be bought and 

sold, and thus transferred among 

disparate controlling interests, without 

disrupting the continuity of regulatory 

oversight or even warranting a change in 

registration number to reflect an 

ownership change. Indeed, when 

FMCSA’s predecessor Agency, the 

Federal Highway Administration, 

proposed removing the 49 CFR part 365, 

subpart D, transfer regulations in 

response to the ICCTA’s repeal of 49 

U.S.C. 10926 (63 FR 7362, February 13, 

1998), a number of industry commenters 

objected, noting that transfers were an 

institutionalized part of the regulatory 

environment that minimized 

registration costs and contributed to 

oversight and tracking of the carrier 

population. See 70 FR 28990, 28995– 

28996 (May 19, 2005). FMCSA 

subsequently withdrew the proposal to 

remove the transfer regulations in 49 

CFR part 365, subpart D (66 FR 27059, 

May 16, 2001). But when the Agency 

again proposed in the URS rulemaking 

to eliminate the part 365 transfer 

approval process (70 FR 28990, 28996, 

May 19, 2005), the public comment 

record again acknowledged that 

operating authority transfers were an 

established industry practice and 


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