Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15417

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Chapter III, Parts 367–368, 371–

374, and 376–378

RIN 2125–AE12

Technical Amendments to Former

Interstate Commerce Commission

Regulations in Accordance with the

ICC Termination Act of 1995

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; technical

amendments.

SUMMARY: This document makes

technical amendments to former

Interstate Commerce Commission (ICC)

regulations which were transferred to

the FHWA in accordance with section

204 of the ICC Termination Act of 1995.

These amendments are necessitated by

changes in statutory citations and

definitions, and the transfer of

regulatory functions to the Secretary of

the Department of Transportation

(Secretary) or the FHWA.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael J. Falk, Office of Chief Counsel,

Motor Carrier Law Division, (202) 366–

1384, Federal Highway Administration,

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590. Office hours are from 7:45 a.m.

to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

The ICC Termination Act of 1995

(ICCTA) (Pub. L. 104–88, 109 Stat. 803),

enacted December 29, 1995, and

effective January 1, 1996, eliminated

unnecessary ICC regulatory functions

and transferred the residual functions

partly to a newly established Surface

Transportation Board (STB) within the

DOT and partly to the Secretary of

Transportation. Section 204 of the

ICCTA provides, in part, that all rules of

the ICC that were legally enacted by the

proper official with requisite authority

and which are not based upon a

provision of law repealed and not

substantially reenacted by the ICCTA

shall remain in effect after the sunset of

the ICC. Notice of the continuation in

effect of such rules, as well as other

legal documents of the ICC, was issued

by the Federal Highway Administration

on March 25, 1996 [61 FR 14372, April

1, 1996]. Section 204 also requires the

STB to rescind all ICC regulations

which were based on statutory

provisions that are no longer in effect

following enactment of the ICCTA.

Section 204 expressly recognized the

right of the appropriate responsible

officials to modify, terminate,

supersede, set aside, or revoke the

surviving ICC rules in accordance with

the law. Congress intended that the

Federal Highway Administration would

be responsible for overseeing those ICC

rules relating to the overall commercial

operations of the motor carrier industry.

H. Rep. No. 311, 104th Cong., 1st Sess.

85 (1995). The FHWA will undertake an

extensive review of those ICC rules

under its jurisdiction to determine

whether they should be retained,

modified, or repealed. Pending this

substantive re-examination of the rules,

it is necessary to make technical

changes to the rules in order to codify

the transfer of functions from the ICC to

the FHWA, update outdated statutory

references, and otherwise harmonize the

rules to conform with changes enacted

by the ICCTA. The technical changes

made in this document pertain to former

ICC regulations which are now under

the exclusive jurisdiction of the FHWA,

and which were removed from Chapter

X of Title 49, Code of Federal

Regulations, and transferred to Chapter

III of that title on October 21, 1996 at 61

FR 54706. The ICC regulations

governing matters subject to the

jurisdiction of both the FHWA and the

STB will be added to Chapter III at a

later date, and technical changes will be

made to those regulations at that time.

In the near future, the FHWA intends

to issue notices of proposed

rulemakings regarding registration,

process agent and insurance

requirements, as well as proposed rules

related to freight forwarders and the

transportation of household goods. Any

technical changes pertinent to such

requirements will be handled in those

rulemaking proceedings.

Summary of Changes

Part 367—Standards for Registration

With States

The words ‘‘Interstate Commerce

Commission’’ or ‘‘Commission’’, which

appear throughout this part, will be

changed to ‘‘Secretary of

Transportation’’ or ‘‘Secretary’’, as

appropriate. References to ‘‘49 U.S.C.

10922 and 10923’’ in §§ 367.1(b) and

367.4(a), and to ‘‘49 U.S.C. 10928’’ in

§ 367.1(b) will be changed to ‘‘49 U.S.C.

13902.’’ The reference to ‘‘49 U.S.C.

10521(a)’’ in § 367.4(h) will be changed

to ‘‘49 U.S.C. 13501.’’

Part 368—Applications for Certificates

of Registration By Foreign Motor

Carriers and Foreign Motor Private

Carriers

Section 368.1

Section 13902(c) of title 49 U.S.C.,

retains the pre-existing system of

registration of foreign motor carriers and

foreign motor private carriers for limited

operations within the commercial zones

of United States communities along

international borders. However, the

ICCTA changed the definition of foreign

motor carriers and foreign motor private

carriers so that a carrier now owned or

controlled by persons of a contiguous

foreign country will be considered a

foreign motor/motor private carrier

regardless of where the carrier itself is

domiciled.

All references to ‘‘49 U.S.C. 10530’’ in

this part are changed to ‘‘49 U.S.C.

13902(c),’’ except where otherwise

indicated. All references to ‘‘the

Commission’’ in § 368.1(a) and

§ 368.2(e) are changed to ‘‘the

Secretary.’’ All subsequent references to

‘‘the Commission’’ in this part are

changed to ‘‘the Federal Highway

Administration.’’ The word

‘‘registration’’ is inserted before the

word ‘‘jurisdiction’’ in § 368.1(a). The

references to ‘‘49 U.S.C. 10922(l)(2)(B)’’

and ‘‘10922(l)(1)’’ in § 368.1 are changed

to ‘‘49 U.S.C. 13902(c)(4).’’

Section 368.2

The words ‘‘Truck and Bus Safety and

Regulatory Reform Act of 1988’’ in

§ 368.2(a) are deleted and replaced by

‘‘ICC Termination Act of 1995.’’ The

words ‘‘a certificate or permit issued

under 49 U.S.C. 10922 or 10923’’ in

§ 368.2(b)(1) are changed to ‘‘a

registration issued under 49 U.S.C.

13902(a).’’ The words ‘‘and is not

domiciled in the United States’’ are

deleted from §§ 368.2 (b)(2) and (c)(2).

The references to ‘‘49 U.S.C. 10526’’ in

§ 368.2(d) and (e) are changed to ‘‘49

U.S.C. 13506,’’ and the reference to ‘‘49

U.S.C. 10521’’ in § 368.2(e) is changed

to ‘‘49 U.S.C. 13501.’’ The reference to

‘‘49 U.S.C. 10530(e)’’ in § 368.2(f) is

changed to ‘‘49 U.S.C. 13902(a).’’

Section 368.3

The words ‘‘ICC Register’’ in

§ 368.3(a) are changed to ‘‘Federal

Highway Administration’s Office of

Motor Carriers Register.’’ The words

‘‘(except for intervention by the

Department of Transportation)’’ are

deleted in § 368.3(a). The words

‘‘Commission’s Regional Offices or by

contacting the Commission’s Office of

Public Assistance’’ in § 368.3(c) are

changed to ‘‘FHWA Regional Offices or
15418 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

by contacting the FHWA’s Office of

Motor Carriers, Section of Licensing.’’

Section 368.3(d) gave the FHWA the

right to oppose an application for

certificate of registration by permitting

the FHWA to intervene in any

proceeding on the issue of safety fitness.

Since the FHWA will be receiving and

processing these applications and,

consequently, evaluating them for safety

compliance, a formal intervention

provision is no longer necessary.

Accordingly, this paragraph is removed.

Section 368.5

The words ‘‘Commission’’ and

‘‘Interstate Commerce Commission’’ in

§ 368.5(a) are changed to ‘‘Federal

Highway Administration’s Office of

Motor Carriers.’’ This paragraph retains

the reference to 49 CFR 1002.2(f)(1)

because the FHWA has not yet issued its

own regulations governing fees for

services in connection with motor

carrier licensing. Once such regulations

are adopted, the necessary modification

will be made to § 368.5. Section 368.5(b)

is removed.

Section 368.6

The heading of the section is revised

to delete the word ‘‘Commission,’’ and

paragraphs (a), (b)(1), and (b)(2) are

revised to change the word

‘‘Commission’’ to ‘‘Federal Highway

Administration.’’ The words ‘‘Except in

those proceedings in which the

Department of Transportation

intervenes under § 1171.3(d),’’ are

deleted from § 368.6(b), and the word

‘‘compliance’’ is changed to

‘‘Compliance’’ in that same section. The

word ‘‘statute’’ in § 368.6(b) is changed

to ‘‘Act’’ to conform with the

definitional reference in § 368.2(a). In

paragraph (b)(2), the reference to ‘‘49

CFR 1044’’ is changed to read ‘‘49 CFR

part 366.’’ Paragraph (c) of this section

is removed as superfluous.

Section 368.7

This section contains a nomenclature

change from ‘‘Commission’’ to ‘‘Federal

Highway Administration’’ and a

reference correction to the applicable

appeal regulations found at 49 CFR part

386. Accordingly, the reference to

§ 1115.2’’ in § 368.7 is changed to ‘‘49

CFR part 386.’’

Part 371—Brokers of Property

Section 13904 of title 49, U.S.C.,

provides for registration of brokers by

the Secretary of Transportation in place

of the licensing system maintained by

the ICC under the Interstate Commerce

Act. While the details regarding broker

registration requirements will be

handled in a separate rulemaking

proceeding, this change in regulatory

treatment necessitates changes in the

terminology employed in the broker

regulations in part 371. Consequently,

‘‘lead docket number’’ and ‘‘lead MCnumber’’ in the introductory text to

§ 371.3(a) and in § 371.3(a)(2),

respectively, are changed to

‘‘registration number,’’ and the word

‘‘license’’ in § 371.7(a) is changed to

‘‘registration.’’ The words ‘‘a

Commission’’ in § 371.10 are changed to

‘‘the FHWA.’’

Part 372—Exemptions, Commercial

Zones and Terminal Areas

In part 372, subpart A, the words

‘‘Part II of the Interstate Commerce Act’’

and ‘‘Part II of the act’’ in § 372.101 are

changed to ‘‘49 U.S.C. subtitle IV, part

B’’ and the reference to ‘‘section

203(b)(9) of the act’’ is changed to ‘‘49

U.S.C. 13506(b).’’ The reference to

‘‘section 203(b)(1) of the act’’ in

§ 372.103 is changed to ‘‘49 U.S.C.

13506(a)(1).’’ Section 372.105 is deleted

in its entirety since certificates of

registration (except for foreign carriers

under 49 CFR part 368) are no longer

provided for in the ICCTA. The FHWA

has proposed the repeal of §§ 372.107

through 372.113, which relate to

agricultural cooperative associations, in

another rulemaking proceeding. The

references to ‘‘49 U.S.C. 10526(a)(6)’’ in

§ 372.115 are changed to ‘‘49 U.S.C.

13506(a)(6).’’ References to the

‘‘Commission’’ and ‘‘Interstate

Commerce Commission’’ in § 372.117

are changed to ‘‘Secretary.’’ All

references to ‘‘section 203(b)(7a) of the

Interstate Commerce Act’’ appearing in

that section are changed to ‘‘49 U.S.C.

13506(a)(8)(A).’’

In part 372, subpart B, §§ 372.201

through 372.237 contain references to

either ‘‘section 203(b)(8) of the Interstate

Commerce Act [49 U.S.C. 303(b)(8)]’’ or

its successor ‘‘49 U.S.C. 10526 (b)(1).’’

These references are changed to ‘‘49

U.S.C. 13506(b)(1).’’ The reference to

‘‘part II, Interstate Commerce Act’’ in

§ 372.241 is changed to ‘‘49 U.S.C.

subtitle IV, part B.’’ The reference to the

safety requirements of ‘‘section 204 of

the Interstate Commerce Act’’ is deleted

since the Secretary’s safety jurisdiction

is independent of the jurisdiction

conferred by the ICCTA and was

removed from part II of the Interstate

Commerce Act some time ago.

While the ICC’s licensing authority

over freight forwarders was limited to

household goods freight forwarders, the

ICCTA expressly made all freight

forwarders subject to the Secretary’s

registration jurisdiction. Part 372,

subpart C, defines terminal areas of

motor carriers and household goods

freight forwarders which were exempt

from regulation under 49 U.S.C. 10523,

and remain exempt under the ICCTA

pursuant to 49 U.S.C. 13503.

Accordingly, all references to

‘‘household goods’’ in subpart C are

deleted to reflect the expansion of the

Secretary’s registration jurisdiction.

Furthermore, all references in this

subpart to ‘‘section 202(c) of the

Interstate Commerce Act [49 U.S.C.

302(c)]’’ are changed to ‘‘49 U.S.C.

13503.’’ The words ‘‘this Commission’’

in § 372.301(a) are changed to ‘‘the

Secretary.’’ References to ‘‘part II (49

U.S.C. 301 et seq.),’’ ‘‘part IV of the act,’’

and ‘‘part IV thereof (49 U.S.C. 1001 et

seq.)’’ are changed to ‘‘49 U.S.C. subtitle

IV, part B.’’ As was the case with

§ 372.241, the reference to ‘‘section 204

of the Interstate Commerce Act’’ is

deleted as no longer necessary.

Part 373—Receipts and Bills

In part 373, subpart A, the reference

to ‘‘49 CFR part 1220’’ in § 373.103 is

replaced with ‘‘49 CFR 379.’’ The words

‘‘under the released rates provisions at

49 U.S.C. 10730’’ in § 373.105 are

changed to ‘‘under the provisions of 49

U.S.C. 14706(c).’’

Part 374—Passenger Carrier Regulations

In part 374, subpart A, all references

to ‘‘section 216 of the Interstate

Commerce Act’’ are changed to ‘‘49

U.S.C. subtitle IV, part B.’’ The words

‘‘Interstate Commerce Commission’’ or

‘‘Commission’’ are changed to either

‘‘United States Department of

Transportation,’’ ‘‘Secretary,’’ or

‘‘Federal Highway Administration,’’ as

appropriate. The words ‘‘Interstate

Commerce Act’’ in § 374.109 are

changed to ‘‘49 U.S.C. subtitle IV, part

B.’’

In part 374, subpart B, the words

‘‘subchapter II of chapter 105 of title 49,

United States Code’’ in § 374.201(a) are

changed to ‘‘49 U.S.C. subtitle IV, part

B.’’ The reference ‘‘49 CFR 1054.2(a)’’ in

§ 374.201(c) is revised to read ‘‘49 CFR

374.503 of this part.’’

Part 374, subpart C, is revised by

changing the reference ‘‘49 CFR part

1064’’ in § 374.307 to ‘‘subpart D of this

part.’’ In § 374.307(g), change the

reference ‘‘49 CFR 1005.5’’ to ‘‘49 CFR

370.9.’’ In § 374.311, the words

‘‘Commission’s appropriate Regional

Office(s)’’ are replaced with ‘‘Federal

Highway Administration’s Regional

Office(s).’’ In § 374.319 (a) and (b), the

word ‘‘Commission’’ is replaced with

‘‘Federal Highway Administration.’’

In part 374, subpart D, the words ‘‘49

U.S.C. 10521’’ in § 374.401 are changed

to ‘‘49 U.S.C. 13501.’’ The words ‘‘part

II of the Interstate Commerce Act’’ in
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15419

§§ 374.403(a) and 374.405 are changed

to ‘‘49 U.S.C. subtitle IV, part B.’’ The

word ‘‘I.C.C.’’ in § 374.403(b) is changed

to ‘‘FHWA’’.

In part 374, subpart E, the words ‘‘49

U.S.C. 10932(e)’’ in § 374.501 are

changed to read ‘‘49 U.S.C. 13506 [49

U.S.C. 10932(e)].’’ The words ‘‘49 U.S.C.

10922(c)(1)(F)’’ in § 374.505(d) are

changed to ‘‘49 U.S.C. 13902(b)(8).’’

Part 376—Lease and Interchange of

Vehicles

The words ‘‘holding permanent or

temporary operating authority from the

Commission’’ in § 376.1 are changed to

‘‘registered with the Secretary.’’ All

subsequent references to ‘‘Commission’’

in this part are changed to either

‘‘Secretary’’ or ‘‘FHWA’’ as appropriate.

The words ‘‘common or contract carrier

under the provisions of 49 U.S.C. 10921,

10922, 10923, 10928, 10931, or 10932’’

in § 376.2 are changed to ‘‘motor carrier

under the provisions of 49 U.S.C. 13901

and 13902.’’ The words ‘‘Commission’s

requirements in part 1058’’ in

§§ 376.11(c) and 376.31(d) are changed

to ‘‘FHWA’s requirements in 49 CFR

part 390.’’ The reference to ‘‘49 U.S.C.

11107’’ in § 376.12(c)(4) is changed to

‘‘49 U.S.C. 14102.’’ The reference to ‘‘49

U.S.C. 10927’’ in § 376.12(j) is changed

to ‘‘49 U.S.C. 13906.’’ Section 376.31(b)

is changed to eliminate references to

operating authority and certificates of

public convenience and necessity.

Changes to obsolete 49 CFR part 1057

section numbers, which appear

throughout part 376, are identified in

the amendatory language.

Part 377—Payment of Transportation

Charges

The words ‘‘part II of the Interstate

Commerce Act’’ in §§ 377.101 and

377.103, and ‘‘the Interstate Commerce

Act’’ in § 377.105, are changed to ‘‘49

U.S.C. 13702.’’ This reflects the fact that

only household goods carriers and

motor carriers engaged in the

noncontiguous domestic trade are still

required to maintain tariffs following

enactment of the ICCTA.

The reference to ‘‘Interstate

Commerce Commission’’ in § 377.201 is

changed to ‘‘Federal Highway

Administration’’ and the references to

‘‘rail and water carriers’’ in that section

are removed. The words ‘‘within the

meaning of 49 U.S.C. 10562 (3) and (4)’’

are removed from § 377.205(d)(3) since

the referenced statutory provisions were

repealed in 1986. Section 377.205(e) is

removed because it involves rail and

water export traffic not subject to the

FHWA’s jurisdiction. The reference to

‘‘49 CFR 1104.7(a)’’ in § 377.211 is

changed to ‘‘49 CFR 386.32(a),’’ which

is the equivalent, virtually identical

FHWA regulation for the computation of

time periods involving calendar days. It

should be noted that the notice of

proposed rulemaking in FHWA Docket

No. MC–96–18 (61 FR 18866, April 29,

1996) proposes to recodify this

provision without change as 49 CFR

363.302(a). Section 377.213 is removed

because it pertains to railroad

demurrage charges not subject to the

FHWA’s jurisdiction. The words

‘‘Interstate Commerce Commission

jurisdiction under Subchapters I, II, or

III of Chapter 105 of Title 49, Subtitle

IV, of the United States Code’’ in

§ 377.217 are changed to ‘‘the

Secretary’s jurisdiction under 49 U.S.C.

subtitle IV, part B.’’

Part 378—Procedures Governing the

Processing, Investigation, and

Disposition of Overcharge, Duplicate

Payment, or Overcollection Claims

The references to ‘‘part II or IV of the

Interstate Commerce Act’’ in §§ 378.1

and 378.2 are changed to ‘‘49 U.S.C.

subtitle IV, part B.’’ The reference to

‘‘section 11705(b)(1) of the Interstate

Commerce Act’’ in § 378.2(b) is changed

to ‘‘49 U.S.C. 14704(b).’’ The words

‘‘this Commission’’ in § 378.2(d) are

changed to ‘‘the United States

Department of Transportation’s Surface

Transportation Board.’’

Rulemaking Analyses and Notice

This final rule makes only minor,

technical corrections to existing

regulations. The rule replaces outdated

language with terms more consistent

with current statutory authority and

codifies the transfer of regulatory

responsibilities from the Interstate

Commerce Commission to the

Department of Transportation.

Substantive regulatory standards are not

changed in any way. Therefore, the

FHWA finds good cause to adopt the

rule without prior notice or opportunity

for public comment [5 U.S.C. 553(b)].

The DOT’s regulatory policies and

procedures also authorize promulgation

of the rule without prior notice because

it is anticipated that such action would

not result in the receipt of useful

information. The FHWA is making the

rule effective upon publication in the

Federal Register because it imposes no

new burdens and merely corrects or

clarifies existing regulations [5 U.S.C.

553(d)].

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866 or significant within the

meaning of Department of

Transportation regulatory policies and

procedures. Since this rulemaking

action makes only technical corrections

to the current regulations, it is

anticipated that the economic impact of

this rulemaking will be minimal;

therefore, a full regulatory evaluation is

not required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the FHWA has evaluated the

effects of this rule on small entities.

Based on the evaluation, and since this

rulemaking action makes only technical

corrections to the current regulations,

the FHWA hereby certifies that this

action will not have a significant impact

on a substantial number of small

entities.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

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 program.

Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

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

et seq.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) 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
15420 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

used to cross reference this action with

the Unified Agenda.

List of Subjects

49 CFR Part 367

Commercial motor vehicle, Financial

responsibility, Insurance, Motor

carriers, Motor vehicle safety,

Registration, Reporting and

recordkeeping requirements.

49 CFR Part 368

Administrative practice and

procedure, Highways and roads,

Insurance, Motor carriers.

49 CFR Part 371

Administrative practice and

procedure, Brokers, Highways and

roads, Motor carriers.

49 CFR Part 372

Buses, Commercial zones, Freight

forwarders, Highways and roads, Motor

carriers of property.

49 CFR Part 373

Buses, Highways and roads, Motor

carriers, Reporting and recordkeeping

requirements.

49 CFR Part 374

Baggage liability, Buses, Civil rights,

Discrimination, Freight forwarders,

Handicapped, Highways and roads,

Motor carriers—intercity passenger

service.

49 CFR Part 376

Highways and roads, Motor carriers—

equipment leasing, Reporting and

recordkeeping requirements.

49 CFR Part 377

Credit, Freight forwarders, Highways

and roads, Motor carriers.

49 CFR Part 378

Claims, Freight forwarders, Highways

and roads, Investigations, Motor

carriers.

Issued on: March 21, 1997.

Jane F. Garvey,

Acting Administrator, Federal Highway

Administration.

In consideration of the foregoing, the

FHWA amends title 49, Code of Federal

Regulations, Chapter III, as follows:

PART 367—[AMENDED]

1. The authority citation for Part 367

is revised to read as follows:

Authority: 49 U.S.C. 13301 and 14504; 49

CFR 1.48.

2. In part 367, in the list below, for

each section indicated in the left

column, remove the word or words

indicated in the middle column

wherever they appear in the section,

and add the words indicated in the right

column:

Section Remove Add

367.1(a) ............................... The Commission. The Interstate Commerce CommissionThe Secretary. The Secretary of Transportation.

.

367.1(b) ............................... 49 U.S.C. 10922, 10923, or 10928 ................................. 49 U.S.C. 13902.

.

367.1(c) ............................... Commission ..................................................................... Secretary.

367.3(c) ............................... § 1023.4(b)(2) ................................................................... § 367.4(b)(2).

367.4(a) ............................... Commission ..................................................................... Secretary.

367.4(a) ............................... 49 U.S.C. 10922 or 10923 ............................................... 49 U.S.C. 13902.

367.4(b) introductory text Commission ..................................................................... Secretary.

367.4(c)(2) ........................... Commission (in three places) .......................................... Secretary (in three places).

367.4(c)(2) ........................... 49 CFR part 1043 ............................................................ 49 CFR part 387, subpart C.

367.4(c)(3) ........................... Commission ..................................................................... Secretary.

367.4(c)(3) ........................... 49 CFR part 1044 ............................................................ 49 CFR part 366.

367.4(d) ............................... Commission ..................................................................... Secretary.

367.4(d) ............................... 49 CFR part 1043 ............................................................ 49 CFR part 387, subpart C.

367.4(h) ............................... Commission’s ................................................................... Secretary’s.

367.4(h) ............................... 49 U.S.C. 10521(a) .......................................................... 49 U.S.C. 13501.

367.5(a) introductory text § 1023.4 ............................................................................ § 367.4.

367.5(b) ............................... § 1023.4(b)(2) ................................................................... § 367.4(b)(2.)

367.6(c) ............................... § 1023.4(c) ....................................................................... § 367.4(c).

Heading to Appendix A ....... Part 1023 ......................................................................... Part 367.

Heading to Appendix A ....... Operating under authority issued by the Interstate Commerce CommissionRegistered with the Secretary of Transportation.

Appendix A .......................... ICC (14 places) ................................................................ FHWA (14 places).

Appendix A .......................... 49 CFR part 1043 (two places) 49 CFR part 387, subpart C (two places).

Appendix A .......................... Title 49 CFR 1043.2 ........................................................ 49 CFR 387.303.

PART 368—[AMENDED]

3. The authority citation for part 368

is revised to read as follows:

Authority: 49 U.S.C. 13301 and 13902; 49

CFR 1.48.

4. The heading of part 368 is revised

to read as follows:

PART 368—APPLICATIONS FOR

CERTIFICATES OF REGISTRATION BY

FOREIGN MOTOR CARRIERS AND

FOREIGN MOTOR PRIVATE CARRIERS

UNDER 49 U.S.C. 13902(c)

5. Section 368.1 is revised to read as

follows:

§ 368.1 Controlling legislation.

(a) This part governs applications

filed under 49 U.S.C. 13902(c). Under

this section certain foreign motor

carriers and motor private carriers must

hold a certificate of registration to

provide certain interstate transportation

services otherwise outside the

registration jurisdiction of the Secretary.

Neither a foreign motor carrier nor a

foreign motor private carrier may

provide interstate transportation of

property unless the Secretary has issued

the carrier a certificate of registration.

The service allowable under a certificate

of registration is described in 49 U.S.C.

13902(c)(4).

(b) This part applies only to carriers

of a contiguous foreign country with
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15421

respect to which a moratorium is in

effect under 49 U.S.C. 13902(c)(4).

6. In § 368.2 paragraphs (a), (b) (1) and

(2), (c)(2) and (d) through (f) are revised

to read as follows:

§ 368.2 Definitions.

(a) The Act. The ICC Termination Act

of 1995.

* * * * *

(b) * * *

(1) Which does not hold a registration

issued under 49 U.S.C. 13902(a);

(2) Which is domiciled in any

contiguous foreign country, or is owned

or controlled by persons of any

contiguous foreign country; and

* * * * *

(c) * * *

(2) Which is owned or controlled by

persons of any contiguous foreign

country; and

* * * * *

(d) Exempt items. Commodities

described in detail at or transported

under 49 U.S.C. 13506(a) (4), (5), (6),

(11), (12), (13), and (15).

(e) Interstate transportation.

Transportation described at 49 U.S.C.

13501, and transportation in the United

States otherwise exempt from the

Secretary’s jurisdiction under 49 U.S.C.

13506(b)(1).

(f) Fit, willing and able. Safety fitness

and proof of minimum financial

responsibility as defined in 49 U.S.C.

13902(a).

* * * * *

7. Section 368.3 is amended by

revising paragraphs (a) and (c) and

removing paragraph (d) to read as

follows:

§ 368.3 Procedures used generally.

(a) All applicants must file a

completed Form OP–2. All required

information must be submitted in

English on the Form OP–2. The

application will be decided based on the

submitted Form OP–2 and any

attachments. Notice of the authority

sought will not be published in either

the Federal Register or the Federal

Highway Administration’s Office of

Motor Carriers Register. Protests or

comments will not be allowed. There

will be no oral hearings.

* * * * *

(c) Form OP–2 may be obtained at any

of the FHWA Regional Offices or by

contacting the FHWA’s Office of Motor

Carriers Section of Licensing.

8. Section 368.5 is revised to read as

follows:

§ 368.5 Where to send the application.

The original and one copy of the

application shall be filed with the

FHWA’s Regional Office that has

jurisdiction over applicant’s point of

domicile (the instructions to the

application provide more specific

information), or at such other location

as the Secretary may designate in

special circumstances. A check or

money order for the amount of the filing

fee set forth at 49 CFR 1002.2(f)(1),

payable to the Federal Highway

Administration’s Office of Motor

Carriers in United States dollars, must

be submitted.

9. Section 368.6 is amended by

revising the heading; by replacing the

word ‘‘Commission’’ wherever it

appears in this section with ‘‘Federal

Highway Administration’; by removing

paragraph (c); by replacing the reference

‘‘49 CFR 1044’’ with ‘‘49 CFR 366’’ in

paragraph (b)(2); and by revising the

introductory text of paragraph (b) to

read as follows:

§ 368.6 Review of the application.

* * * * *

(b) Compliance will be determined

solely on the basis of the application

and the safety fitness of the applicant.

An employee review board will decide

whether the authority sought falls under

the Act, and whether and to what extent

the evidence warrants a grant of the

authority.

* * * * *

10. Section 368.7 is revised to read as

follows:

§ 368.7 Appeals.

A decision disposing of an

application subject to this part is a final

action of the Federal Highway

Administration. Review of such an

action on appeal is governed by the

FHWA’s appeal regulations in 49 CFR

Part 386.

PART 371—[AMENDED]

11. The authority citation for part 371

is revised to read as follows:

Authority: 49 U.S.C. 13301 and 13501; 49

CFR 1.48.

§ 371.1 [Amended]

12. Section 371.1 is amended by

correcting the reference ‘‘§ 1045.2’’ to

read as ‘‘§ 371.2’’.

13. In § 371.3, paragraph (a) is

amended by revising the introductory

paragraph; paragraph (a)(2) is amended

by replacing the words ‘‘lead MCnumber’’ with the words ‘‘registration

number’’; and the undesignated

paragraph after the first sentence in

paragraph (a)(6) is removed. As revised,

the text of introductory paragraph (a)

reads as follows:

§ 371.3 Records to be kept by brokers.

(a) A broker shall keep a record of

each transaction. For purposes of this

section, brokers may keep master lists of

consignors and the address and

registration number of the carrier, rather

than repeating this information for each

transaction. The record shall show:

* * * * *

§ 371.7 [Amended]

14. Section 371.7 is amended by

replacing the word ‘‘license’’ with

‘‘registration’’.

§ 371.10 [Amended]

15. Section 371.10 is amended by

replacing the words ‘‘a Commission’’

with ‘‘the FHWA’’.

PART 372—[AMENDED]

16. The authority citation for part 372

continues to read as follows:

Authority: 49 U.S.C. 13504 and 13506; 49

CFR 1.48.

§ 372.101 [Amended]

17. Section 372.101 is amended by

replacing the words ‘‘Part II of the

Interstate Commerce Act’’ and ‘‘part II of

the act’’ with ‘‘49 U.S.C. subtitle IV, part

B’’; and by replacing the words ‘‘section

203(b)(9) of the act’’ with ‘‘49 U.S.C.

13506(b)’’.

§ 372.103 [Amended]

18. Section 372.103 is amended by

replacing the words ‘‘section 203(b)(1)

of the act’’ with ‘‘49 U.S.C. 13506(a)(1)’’.

§ 372.105 [Removed]

19. Section 372.105 is removed.

§ 372.115 [Amended]

20. Section 372.115 is amended by

removing the term ‘‘(49 U.S.C.

10526(a)(6))’’ from the text, and by

replacing the words ‘‘49 U.S.C.

10526(a)(6)’’ and ‘‘section 10526(a)(6) of

the recodified Interstate Commerce Act’’

with ‘‘49 U.S.C. 13506(a)(6)’’ in the

section heading, in the section text, and

in the heading and Notes 1 and 2 under

‘‘Administrative Ruling No. 133’’.

§ 372.117 [Amended]

21. Section 372.117 is amended by

replacing the words ‘‘Commission’’ in

paragraph (a) and ‘‘Interstate Commerce

Commission’’ in paragraph (c) with

‘‘Secretary’’; by replacing the words

‘‘section 203(b)(7a) of the Interstate

Commerce Act’’ in paragraph (d)(1) with

‘‘49 U.S.C. 13506(a)(8)(A)’’; and by

replacing ‘‘section 203(b)(7a) of the

Interstate Commerce Act (49 U.S.C.

303)’’ in paragraphs (d)(2) and (d)(3)

with ‘‘49 U.S.C. 13506(a)(8)(A)’’.
15422 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

§§ 372.201, 372.203, 372.205, 372.207,

372.209, 372.211, 372.213, 372.215, 372.217,

372.219, 372.221, 372.223, 372.225, 372.227,

372.229, 372.231, 372.233, 372.235, 372.237,

372.241, and 372.243 [Amended]

22. In the list below, for each Section

indicated in the left column, remove the

word or words indicated in the middle

column wherever they appear in the

Section, and add the words indicated in

the right column:

Section Remove Add

372.201 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.203 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.205 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.207 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.209 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.211 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.213 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.215 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.217 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.219 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.221 introductory

text.

§ 1048.101 .................................................................................................................... § 372.241.

372.223 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.225 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.227 introductory

text.

Section 203(b)(8) of the Interstate Commerce Act (49 U.S.C. 303(b)(8)) .................. 49 U.S.C. 13506(b)(1).

372.229 introductory

text.

49 U.S.C. 10526(b)(1) ................................................................................................. 49 U.S.C. 13506(b)(1).

372.231 introductory

text.

Section 49 U.S.C. 10526(b)(1) of the Interstate Commerce Act ................................ 49 U.S.C. 13506(b)(1).

372.233 introductory

text.

Section 10526(b)(1) of the Interstate Commerce Act (49 U.S.C. 10526(b)(1)) .......... 49 U.S.C. 13506(b)(1).

372.235 introductory

text.

Section 49 U.S.C. 10526(b)(1) of the Interstate Commerce Act (49 U.S.C.

10526(b)(1)).

49 U.S.C. 13506(b)(1).

372.237(a) ................. Section 10526(b)(1) of the Interstate Commerce Act (49 U.S.C. 10526(b)(1)) .......... 49 U.S.C. 13506(b)(1).

372.237(b) ................. § 1048.101 .................................................................................................................... § 372.241.

372.237(b) ................. Section 10526(b)(1) ..................................................................................................... 49 U.S.C. 13506(b)(1).

372.241 introductory

text.

Part II, Interstate Commerce Act, except the provisions of section 204 relative to

the qualifications and maximum hours of service of employees and safety of operation or standards of equipment.

49 U.S.C. subtitle IV, part B.

372.243 introductory

text.

§ 1048.101 .................................................................................................................... § 372.241.

PART 372—[AMENDED]

23. Subpart C of part 372 is amended

by adding § 372.300 to read as follows:

§ 372.300 Distances and population data.

In the application of this subpart,

distances and population data shall be

determined in the same manner as

provided in 49 CFR 372.243. See also

definitions in 49 CFR 372.239.

24. Section 372.301 is revised to read

as follows:

§ 372.301 Terminal areas of motor carriers

and freight forwarders at municipalities

served.

The terminal area within the meaning

of 49 U.S.C. 13503 of any motor carrier

of property or freight forwarder subject

to 49 U.S.C. subtitle IV, part B at any

municipality authorized to be served by

such motor carrier of property or motor

carrier of passengers in the

transportation of express or freight

forwarder, within which transportation

by motor carrier in the performance of

transfer, collection, or delivery services

may be performed by, or for, such motor

carrier of property or freight forwarder

without compliance with the provisions

of 49 U.S.C. subtitle IV, part B consists

of and includes all points or places

which are:

(a) Within the commercial zone, as

defined by the Secretary, of that

municipality, and

(b) Not beyond the limits of the

operating authority of such motor

carrier of property or freight forwarder.

25. In § 372.303 the introductory

paragraph and paragraph (a) are revised

to read as follows:
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15423

§ 372.303 Terminal areas of motor carriers

and freight forwarders at unincorporated

communities served.

The terminal areas within the

meaning of 49 U.S.C. 13503 of any

motor carrier of property or freight

forwarder subject to 49 U.S.C. subtitle

IV, part B, at any unincorporated

community having a post office of the

same name which is authorized to be

served by such motor carrier of property

or motor carrier of passengers in the

transportation of express or freight

forwarder, within which transportation

by motor vehicle in the performance of

transfer, collection, or delivery services

may be performed by, or for, such motor

carrier of property or freight forwarder

without compliance with the provisions

of 49 U.S.C. subtitle IV, part B, consists

of:

(a) All points in the United States

which are located within the limits of

the operating authority of the motor

carrier of property or freight forwarder

involved, and within 3 miles of the post

office at such authorized

unincorporated point if it has a

population less than 2,500, within 4

miles if it has a population of 2,500 but

less than 25,000, or within 6 miles if it

has a population of 25,000 or more;

* * * * *

PART 373—[AMENDED]

26. The authority citation for part 373

continues to read as follows:

Authority: 49 U.S.C. 13301 and 14706; 49

CFR 1.48.

§ 373.101 [Amended]

27. Section 373.101 is amended by

removing the reference ‘‘49 CFR part

1220’’ in the undesignated paragraph

under (e) and replacing it with ‘‘49 CFR

part 379’’.

§ 373.103 [Amended]

28. Section 373.103 is amended by

replacing the words ‘‘49 CFR part 1220’’

with ‘‘49 CFR part 379’’ in the

undesignated paragraphs under (a)(11)

and (b)(11) of the section.

§ 373.105 [Amended]

29. Section 373.105 is amended by

replacing the words ‘‘released rates

provisions at 49 U.S.C. 10730’’ with

‘‘provisions of 49 U.S.C. 14706(c)’’.

PART 374—[AMENDED]

30. The authority citation for part 374

continues to read as follows:

Authority: 49 U.S.C. 13301 and 14101; 49

CFR 1.48.

31. In part 374, Subparts A, B, C, D,

and E, in the list below, for each section

indicated in the left column, remove the

word or words indicated in the middle

column wherever they appear in the

section, and add the words indicated in

the right column:

Section Remove Add

374.101 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.103 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.103 Note ....................... § 1055.2 (the first time it appears) ................................... § 374.103 (formerly § 1055.2).

374.103 Note ....................... § 1055.2 ............................................................................ § 374.103.

374.105 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.107 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.107 ................................ Interstate Commerce Commission .................................. Secretary, U.S. Department of Transportation.

374.109 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.109 ................................ The Interstate Commerce Act .......................................... 49 U.S.C. subtitle IV, part B.

374.111 ................................ Section 216 of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

374.111 ................................ Secretary of the Interstate Commerce Commission ....... Secretary.

374.113(b) ........................... § 1055.3 ............................................................................ § 374.105.

374.201(a) ........................... Subchapter II of chapter 105 of title 49, United States

Code.

49 U.S.C. subtitle IV, part B.

374.201(c) ........................... 49 CFR 1054.2(a) ............................................................ § 374.503 of this part.

374.307(c)(1) ....................... Commission ..................................................................... Secretary.

374.307(c)(1) ....................... 49 CFR part 1064 ............................................................ subpart D of this part.

374.307(c)(2)(iv) .................. Commission ..................................................................... Secretary.

374.307(g) ........................... 49 CFR 1005.5 ................................................................ 49 CFR 370.9.

374.311(b) ........................... The Commission’s appropriate Regional Office(s) .......... the FHWA’s Regional Office(s).

374.319(a), (b) ..................... The Commission .............................................................. the Federal Highway Administration.

374.401(a) ........................... 49 U.S.C. 10521 .............................................................. 49 U.S.C. 13501.

374.401(a)(3) ....................... § 1063.4(c)(3) ................................................................... § 374.307(c)(3).

374.403(a) ........................... Part II of the Interstate Commerce Act ............................ 49 U.S.C. subtitle IV, part B.

374.403(b), under ‘‘Identify

Your Baggage’’.

Under I.C.C. regulations .................................................. Under FHWA regulations.

374.405 ................................ Part II of the Interstate Commerce Act ............................ 49 U.S.C. subtitle IV, part B.

374.501 ................................ 49 U.S.C. 10932(c) .......................................................... 49 U.S.C. 13506 [49 U.S.C. 10932(c)].

374.505(d) ........................... 49 U.S.C. 10922(c)(1)(F) ................................................. 49 U.S.C. 13902(b)(8).

PART 376—[AMENDED]

32. The authority citation for part 376

is revised to read as follows:

Authority: 49 U.S.C. 13301 and 14102; 49

CFR 1.48.

33. In part 376, subparts A, B, C, D,

and E, in the list below, for each section

indicated in the left column, remove the

word or words indicated in the middle

column wherever they appear in the

section, and add the words indicated in

the right column:

Section Remove Add

376.1 introductory paragraph Holding permanent or temporary operating authority

from the Commission.

Registered with the Secretary.

376.1(a) ................................ Commission .................................................................... Secretary.

376.1(c) ................................ Commission .................................................................... Secretary.
15424 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

Section Remove Add

376.2(a) ................................ Common or contract carrier under the provisions of 49

U.S.C. 10921, 10922, 10923, 10928, 10931, or

10932.

Motor carrier under the provisions of 49 U.S.C. 13901

and 13902.

376.11 introductory paragraph.§ 1057.31 ......................................................................... § 376.31.

376.11(a) .............................. § 1057.12 ......................................................................... § 376.12.

376.11(c)(1) .......................... Commission’s requirements in part 1058 ....................... FHWA’s requirements in 49 CFR part 390.

376.12 introductory paragraph.§ 1057.11(a) .................................................................... § 376.11(a).

376.12(b) .............................. § 1057.11(b) .................................................................... § 376.11(b).

376.12(c)(3) .......................... Commission .................................................................... Secretary.

376.12(c)(4) .......................... 49 U.S.C. 11107 ............................................................. 49 U.S.C. 14102.

376.12(j)(1) ........................... Commission regulations under 49 U.S.C. 10927 ........... FHWA regulations under 49 U.S.C. 13906.

376.12(l) ............................... § 1057.11(c)(2) ................................................................ § 376.11(c)(2).

376.21 introductory paragraph.§ 1057.11(c) .................................................................... § 376.11(c).

376.21(b) .............................. Commission .................................................................... Secretary.

376.22(a) .............................. § 1057.11(c) .................................................................... § 376.11(c).

376.22(c)(2) .......................... § 1057.11(b) (in two places) ........................................... § 376.11(b) (in two places).

376.22(c)(4) .......................... § 1057.11(b) .................................................................... § 376.11(b).

376.22(c)(4) .......................... § 1057.11(d) .................................................................... § 376.11(d).

376.26 .................................. § 1057.12 (e) through (l) ................................................. § 376.12 (e) through (l).

376.31(b) .............................. Hold certificates of public convenience and necessity

which authorize the transportation.

Be registered with the Secretary to provide the transportation.

376.31(d)(1) .......................... Commission’s requirements in part 1058 ....................... FHWA’s requirements in 49 CFR part 390.

376.42 .................................. § 1057.22 ......................................................................... § 376.22.

PART 377—[AMENDED]

34. The authority citation for part 377

continues to read as follows:

Authority: 49 U.S.C. 13101, 13301, 13701–

13702, 13706, 13707, and 14101; 49 CFR

1.48.

35. In part 377, subparts A and B, in

the list below, for each section indicated

in the left column, remove the word or

words indicated in the middle column

wherever they appear in the section,

and add the words indicated in the right

column:

Section Remove Add

377.101 ................................ Part II of the Interstate Commerce Act ........................... 49 U.S.C. 13702.

377.103 ................................ Part II of the Interstate Commerce Act ........................... 49 U.S.C. 13702.

377.103 ................................ § 1052.1 ........................................................................... § 377.101.

377.105 ................................ The Interstate Commerce Act ......................................... 49 U.S.C. 13702.

377.105 ................................ § 1052.1 ........................................................................... § 377.101.

377.201(a) ............................ Interstate Commerce Commission regulation by rail,

motor, and water.

Federal Highway Administration regulation by motor.

377.205(d)(3) ........................ Within the meaning of 49 U.S.C. 10562(3) and (4) ........

377.205(e) ............................ [remove paragraph (e)] ...................................................

377.211 ................................ 49 CFR 1104.7(a) ........................................................... 49 CFR 386.32(a).

377.213 ................................ [removed] ........................................................................ [Reserved].

377.215(a) ............................ 49 CFR 1056.3(d) ........................................................... 49 CFR 375.3(d).

377.215(b)(1) ........................ 49 CFR 1056.19 ............................................................. 49 CFR 375.19.

377.217 ................................ Interstate Commerce Commission jurisdiction under

Subchapters I, II, or III of Chapter 105 of Title 49,

Subtitle IV, of the United States Code.

The Secretary’s jurisdiction under 49 U.S.C. subtitle IV,

part B.

PART 378—[AMENDED]

36. The authority citation for part 378

is revised to read as follows:

Authority: 49 U.S.C. 13321, 14101, 14704,

and 14705; 49 CFR 1.48.

37. In part 378, in the list below, for

each section indicated in the left

column, remove the word or words

indicated in the middle column

wherever they appear in the section,

and add the words indicated in the right

column:

Section Remove Add

378.1 .................................... Part II or IV of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

378.2(a) ................................ Part II or IV of the Interstate Commerce Act .................. 49 U.S.C. subtitle IV, part B.

378.2(b) ................................ Section 11705(b)(1) of the Interstate Commerce Act ..... 49 U.S.C. 14704(b).

378.2(d) ................................ Part 1056 ........................................................................ Part 375.

378.2(d) ................................ This Commission ............................................................ The United States Department of Transportation’s Surface Transportation Board.

378.4(a) ................................ § 1008.8 ........................................................................... § 378.8.

378.4(d) ................................ § 1008.5(c) ...................................................................... § 378.5(c).

378.5(a) ................................ § 1008.6 ........................................................................... § 378.6.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15425

1See National Marine Fisheries Service Biological

Opinion, issued on November 30, 1993, relating to

Amendment 5 of the Multispecies FMP, for a

discussion of the abundance, distribution, and life

history of right whales, along with a discussion of

factors contributing to the mortality of right whales,

including entanglements with sink gillnet gear and

other gillnet gear capable of catching multispecies.

Section Remove Add

378.5(b) ................................ § 1008.9 ........................................................................... § 378.9.

378.5(c) ................................ § 1008.8 ........................................................................... § 378.8.

378.6 .................................... § 1008.7 ........................................................................... § 378.7.

[FR Doc. 97–7961 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

50 CFR Part 648

National Oceanic and Atmospheric

Administration

[Docket No. 970324064–7064–01; I.D.

021997B]

RIN 0648–AJ32

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 23

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 23 to the

Northeast Multispecies Fishery

Management Plan (FMP). This rule

closes Federal waters at the times

specified to vessels fishing with sink

gillnet gear and other gillnet gear

capable of catching multispecies, with

the exception of single pelagic gillnets,

in parts of the following right whale

critical habitat areas: Cape Cod Bay from

March 27, 1997 through May 15, 1997,

and from January 1 through May 15 in

subsequent years; and the Great South

Channel from April 1 through June 30,

annually. The intent of this action is to

restrict multispecies fishing activities

that have been determined to jeopardize

the continued existence of the northern

right whale.

EFFECTIVE DATE: March 27, 1997.

ADDRESSES: Copies of Amendment 7 to

the FMP, its regulatory impact review

(RIR) and the final regulatory flexibility

analysis (FRFA) contained with the RIR,

and its final supplemental

environmental impact statement, are

available upon request from Paul

Howard, Executive Director, New

England Fishery Management Council

(Council), 5 Broadway, Saugus, MA

01906–1097. Framework Adjustment 23

documents, the marine mammal stock

assessment report, and biological

opinions are available from Andrew A.

Rosenberg, Ph.D, Regional

Administrator, Northeast Region, NMFS

(Regional Administrator), One

Blackburn Drive, Gloucester, MA

01930–2298.

FOR FURTHER INFORMATION CONTACT: Lt.

Dan Morris (NOAA Corps), Resource

Conservation Officer, NMFS, Northeast

Region, Habitat and Protected Resources

Division, 508–281–9388.

SUPPLEMENTARY INFORMATION:

Background

Several marine species listed as

threatened or endangered under the

Endangered Species Act (ESA) occur

regularly in waters covered by the FMP.

The NMFS, the agency responsible for

implementation of the FMP, is required

by section 7 of the ESA to consider what

impacts fishing activities governed by

the FMP and its implementing

regulations may have on ESA-listed

species. As a result of this deliberative

process, NMFS issued a biological

opinion 1 on December 13, 1996,

concluding that the fishing activities

governed by the FMP and its

implementing regulations are likely to

jeopardize the continued existence of

the northern right whale (Eubalaena

glacialis).

The northern right whale is the most

endangered large whale species in the

Northwest Atlantic Ocean. The 1995

Stock Assessment Report (Blaylock et

al., 1995) prepared by NMFS pursuant

to the 1994 Marine Mammal Protection

Act amendments reference the 1992

estimate of 295 (Knowlton et al., 1994)

as the current minimum population

estimate for the northern right whale. The Potential Biological Removal

(PBR) level is the maximum number of

animals, not including natural

mortalities, that may be removed from a

marine mammal stock while allowing

the stock to reach and or sustain its

optimum sustainable population level.

The PBR level for right whales is

currently set at 0.4 individuals per year,

or two human-induced whale

mortalities or serious injuries every 5

years (Blaylock et al., 1995). Based on a

minimum estimate of known serious

injuries or mortalities, the current PBR

level has been exceeded in 20 of the

past 27 years. This level of interaction

is based on actual reported numbers,

rather than an estimate based on

extrapolations to total shipping and

fishing effort.

During January and February of 1996,

an unprecedented number of right

whale deaths (six or seven) was reported

from the Southeast right whale critical

habitat/calving grounds off Georgia and

Florida. Because the northern right

whale population is so small and its

reproductive rate so low, anthropogenic

impacts, such as ship strikes and fishery

entanglements, inhibit the species’

recovery and may jeopardize the

population’s continued existence. A

report on these mortalities was

presented by the Right Whale Research

Group of the New England Aquarium to

the New England and Southeast Right

and Humpback Whale Recovery Plan

Implementation Teams along with

information from 1995 and 1996 on

levels of known and estimated right

whale mortality. This information

reflected a possible change in the status

of the species, as measured by the

environmental baseline upon which all

previous section 7 consultations had

been conducted. Based on this new

information, NMFS reinitiated

consultation on the FMP on October 29,

1996.

The multispecies fishery includes the

use of sink gillnets, a gear type that is

known to cause serious injury to right

whales. Approximately 15 right whale

entanglements in gillnet gear were

recorded between 1970 and 1996;

approximately 13 were sighted in

Massachusetts, the Great South

Channel, the Bay of Fundy, and the Gulf

of Maine combined; and 5 were

identified as monofilament or sink

gillnet gear. Given the historical record

of right whale entanglements in gillnet

gear, the level of observed right whale

mortalities over the past 18 months from

all sources (including ship strikes,

fishery interactions and natural causes),

and the uncertainties about the status of

the population and its rate of recovery,

NMFS, on December 13, 1996,

concluded that the current and

proposed fishing activities carried out

under the FMP are likely to jeopardize

the continued existence of the northern

right whale.

When NMFS concludes that a Federal

action is likely to jeopardize the

continued existence of a species, the