28286 Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations

unpaid and promptly remit it to the

contractor.

* * * * *

[FR Doc. 98–13778 Filed 5–21–98; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 365, 372, 373, 374, and

377

RIN 2125–AE41

Federal Motor Carrier Regulations;

Authority Corrections

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

SUMMARY: This document makes

technical amendments to the authority

statements for various FHWA motor

carrier regulations in order to remove

the obsolete authority citations provided

in the subparts. This correction is

necessary due to changes required by

the ICC Termination Act of 1995

(ICCTA) and the transfer of certain

regulatory functions to the FHWA from

the former Interstate Commerce

Commission (ICC). The effect of these

amendments is to remove the outdated

authority citations listed in the subparts.

DATES: This final rule is effective May

22, 1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael J. Falk, Office of the Chief

Counsel, Motor Carrier Law Division,

(202) 366–1384, Federal Highway

Administration, 400 Seventh Street,

S.W., 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: On

October 21, 1996, the FHWA published

a final rule that transferred and

redesignated certain motor carrier

transportation regulations from chapter

X of title 49, Code of Federal

Regulations, to the FHWA in chapter III

of that title. See Motor Carrier

Transportation; Redesignation of

Regulations From the Surface

Transportation Board Pursuant to the

ICC Termination Act of 1995 [61 FR

54706]. Another document also made

technical amendments to former ICC

regulations and was published on April

1, 1997. Technical Amendments to

Former Interstate Commerce

Commission Regulations in Accordance

With the ICC Termination Act of 1995.

[62 FR 15417]. The technical changes

made in both of these documents were

required by section 204 of the ICCTA,

Public Law 104–88, 109 Stat. 803. Part

365, Rules for governing applications for

operating authority, subpart D (formerly

part 1181); part 372, Exemptions,

commercial zones, and terminal areas,

subparts A, B, and C (formerly parts

1047, 1048, and 1049, respectively); part

373, Receipts and bills, subparts A and

B (formerly parts 1051 and 1081,

respectively); part 374, Passenger carrier

regulations, subparts A, B, C, and D

(formerly parts 1055, 1061, 1063, and

1064, respectively); and part 377,

Payment of transportation charges,

subparts A and B (formerly parts 1052

and 1320, respectively) included in the

new statutory authority at the part level,

but inadvertently failed to remove the

former ICC authority at the subpart

levels. Accordingly, the FHWA removes

the obsolete ICC authority citations in

the subpart levels noted above and

retains the current authority citations in

the part levels which reflect the changes

mandated by the ICCTA.

Rulemaking Analyses and Notices

This final rule makes only minor

technical corrections to existing

regulations by removing obsolete ICC

authority citations at the subpart levels

of FHWA regulations. This rule replaces

outdated authority citations with

current statutory authority and the

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

Department of Transportation’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 this

rule effective upon publication in the

Federal Register because it imposes no

new burdens and merely corrects

existing regulations.

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 authority citations in

current regulations, the FHWA hereby

certifies that this action will not have a

significant impact on a substantial

number of small entities.

Unfunded Mandates Reform Act

This rule does not impose any

unfunded mandates on State, local, or

tribal governments as defined by the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 1532).

Excutive 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 of 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. 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, as

amended (42 U.S.C. 432 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 for

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.
Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 /Rules and Regulations 28287

1Effective January 1, 1996, the ICCTA abolished

the Interstate Commerce Commission and

established the Board within the Department of

Transportation. Section 204(a) of the ICCTA

provides that ‘‘[t]he Board shall promptly rescind

all regulations established by the [Interstate

Commerce Commission] that are based on

provisions of law repealed and not substantively

reenacted by this Act.’’

2The Lehigh Valley Railroad Company, the

Central Railroad of New Jersey, the Ann Arbor

Railroad Company, the Lehigh and Hudson Valley

Railroad Company, the Boston and Maine

Corporation, the Erie Lackawanna Railway

Company, and the Reading Railroad.

List of Subjects

49 CFR Part 365

Administrative practice and

procedures, Brokers, Buses, Freight

forwarders, Highways and roads, Motor

carriers.

49 CFR Part 372

Buses, Commercial zones, Freight

forwarders, Highway and roads, Motor

carriers.

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 carrier.

49 CFR Part 377

Credit, Freight forwarders, Highways

and roads, Motor carriers.

Issued on: May 14, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing, the

FHWA amends title 49, Code of Federal

Regulations, chapter III, as set forth

below:

PART 365—[AMENDED]

1. The authority citation for 49 CFR

part 365 continues to read as follows:

Authority: 5 U.S.C. 553 and 559; 16 U.S.C.

1456; 49 U.S.C. 13101, 13301, 13901–13906,

14708, 31138, and 31144; 49 CFR 1.48.

1a. The authority citation for subpart

D is removed.

PART 372—[AMENDED]

2. The authority citation for 49 CFR

part 372 continues to read as follows:

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

CFR 1.48.

2a. The authority citations for

subparts A, B, and C are removed.

PART 373—[AMENDED]

3. The authority citation for part 373

continues to read as follows:

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

CFR 1.48.

3a. The authority citations for

subparts A and B are removed.

PART 374—[AMENDED]

4. The authority citation for part 374

continues to read as follows:

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

CFR 1.48.

4a. The authority citations for

subparts A, B, C, and D are removed.

PART 377—[AMENDED]

5. The authority citation for 49 CFR

part 377 continues to read as follows:

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

13702, 13706, 13707, and 14101; 49 CFR

1.48.

5a. The authority citations for

subparts A and B are removed.

[FR Doc. 98–13436 Filed 5–21–98; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1152 and 1155

[STB Ex Parte No. 566]

Rail Service Continuation Subsidy

Standards

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (Board) is removing from the

Code of Federal Regulations rules

concerning standards for determining

subsidies for the continuation of rail

service on rail properties not transferred

to Consolidated Rail Corporation

(Conrail) under the Final System Plan

pursuant to the Regional Rail

Reorganization Act of 1973. It is also

amending the regulations concerning

offers of financial assistance to provide

rules for the purchase or subsidization

of rail lines that have been continuously

subsidized since the inception of the

Final System Plan.

EFFECTIVE DATE: June 21, 1998.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. [TDD for

the hearing impaired: (202) 565–1695.]

SUPPLEMENTARY INFORMATION: In a notice

of proposed rulemaking (NPR) served

and published in the Federal Register

on August 8, 1997 (62 FR 42734), the

Board proposed to remove the

regulations at 49 CFR part 1155 that

concern subsidy standards for certain

rail lines of railroads in reorganization

not included in the Final System Plan,

described infra. The NPR noted that

these regulations are based, at least

partially, on statutes that are still in

effect. 45 U.S.C. 744 (c) and (d). Under

the ICC Termination Act of 1995, Public

Law 104–88, 109 Stat. 803 (ICCTA),1

however, the Rail Services Planning

Office (RSPO), the statutory body that

developed the regulations, has been

abolished. See repealed 49 U.S.C.

10361–64. Moreover, the Board has in

place analogous offer of financial

assistance (OFA) regulations providing

national subsidy standards. 49 CFR

1152.27. Finally, the NPR stated that the

regional subsidy regime at 45 U.S.C.

744, which applies to ‘‘rail service on

rail properties of a railroad in

reorganization,’’ may be outdated and

may apply only to a limited number of

situations. Accordingly, we instituted

this proceeding to determine whether

these regulations may be eliminated in

light of the national OFA standards,

whether portions of the part 1155

regulations could be transferred to the

national standards, or whether they

have a continuing vitality and should be

retained.

After considering the record, we will

eliminate the part 1155 rules and

modify the national OFA rules at

1152.27. Because the part 1155 rules

have only limited applicability, it is

unnecessary to maintain these detailed

regulations. However, to provide an

opportunity for rail service continuation

and to deal with abandonments of lines

that are still being subsidized, we are

modifying our national OFA regulations

at 49 CFR 1152.27 to require that the

line owner give notice of the

abandonment or discontinuance to

enable interested persons to purchase or

subsidize the line.

Background

Our NPR gave a detailed background

for the part 1155 regulations and will be

repeated only as necessary. The part

1155 rules were based on the Regional

Rail Reorganization Act of 1973, Public

Law 93–236, 87 Stat. 985, 45 U.S.C. 701

et seq. (3R Act), as amended by the

Railroad Revitalization and Regulatory

Reform Act of 1976 (4R Act), Public Law

94–210, 90 Stat. 127. In response to the

bankruptcy of the Penn Central

Transportation Company and seven

other major railroads in the Northeast

and Midwest,2 the 3R Act provided for

the development and ultimate approval

by Congress of a Final System Plan

(Plan) for the redesign of rail services in