Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules 40387

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations section of

this Federal Register.

Dated: July 20, 1998.

William P. Yellowtail,

Regional Administrator, Region VIII.

[FR Doc. 98–20283 Filed 7–28–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

46 CFR Part 503

[Docket No. 98–11]

Availability of Records to the Public—

Electronic Freedom of Information Act;

Correction

AGENCY: Federal Maritime Commission.

ACTION: Notice of Proposed Rulemaking;

correction.

SUMMARY: This document corrects

proposed § 503.23(a)(3) in a proposed

rule published in the Federal Register

on July 22, 1998, regarding Availability

of Records to the Public—Electronic

Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT:

Joseph C. Polking, 202–523–5725.

Correction

In the proposed rule FR Doc. 98–

19432, beginning on page 39263 in the

issue of July 22, 1998, make the

following correction in the rule text. On

page 39265 in the first column, § 503.23,

paragraph (a)(3), correct ‘‘§§ 514.20(c) or

514.8(k)’’ to read ‘‘§§ 514.21(d) or

514.8(k)(2).’’

Dated: July 23, 1998.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 98–20215 Filed 7–28–98; 8:45 am]

BILLING CODE 6730–01–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 389

[FHWA Docket No. FHWA–98–4145]

Federal Motor Carrier Safety

Regulations; Waivers, Exemptions,

and Pilot Programs; Public Meeting

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Announcement of meeting.

SUMMARY: The FHWA is announcing a

public meeting to solicit information

that will assist the agency in

implementing section 4007 of the

Transportation Equity Act for the 21st

Century (TEA 21), effective on June 9,

1998, governing waivers, exemptions,

and pilot programs. Section 4007

amended 49 U.S.C. 31315 and 31136(e)

by changing the agency’s authority to

grant waivers and exemptions from the

Federal Motor Carrier Safety

Regulations (FMCSRs) and to conduct

pilot programs. The new statutory

language requires the FHWA, within

180 days of enactment of TEA 21, to

establish procedures by which a person

may request a waiver or an exemption.

The FHWA recognizes the public’s

interest in how the agency applies its

waiver and exemption authority. For

that reason, we are scheduling a public

meeting to obtain comments and ideas

from interested persons to assist the

FHWA in implementing section 4007

expeditiously.

DATES: The public meeting will be held

on Thursday, August 20, 1998, between

9 a.m. and 4 p.m. Comments for

inclusion in the docket must be received

no later than August 20, 1998.

ADDRESSES: The public meeting will be

held in Room 2230 of the DOT

Headquarters Building, 400 Seventh

Street, SW., Washington, DC. Written,

signed comments to the docket

identified at the beginning of this

document should be sent to: Docket

Clerk, U.S. DOT Dockets, Room PL–401,

400 Seventh Street, SW., Washington,

DC 20590–0001. All comments received

will be available for examination at the

above address from 10 a.m. to 5 p.m.,

e.t., Monday through Friday, except

Federal holidays. Persons desiring

notification of receipt of comments must

enclose a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

General Information. To request time

to be heard and for other general

information, contact Dianne Porter,

Office of Motor Carrier Planning and

Customer Liaison, (202) 366–4073.

Specific Rulemaking Information. For

information concerning rulemaking,

contact Neill L. Thomas, Office of Motor

Carrier Research and Standards, (202)

366–4009 or Charles E. Medalen, Office

of Chief Counsel, (202) 366–1354,

Federal Highway Administration, 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:

Electronic Availability

Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

An electronic copy of this document

may be downloaded using a computer,

modem, and suitable communications

software from the Government Printing

Office (GPO) electronic bulletin board

service (telephone: 202–512–1661).

Internet users may reach the GPO’s web

page at: http://www.access.gpo.gov/su—

docs/aces/aaces002.html.

Participation and Attendance

All persons who would like to

participate in the public meeting must

notify the agency by contacting Dianne

Porter by telephone at (202) 366–4073;

E-Mail: dporter@fhwa.dot.gov; or FAX:

(202) 366–7298 by 4 p.m., e.t., on

Friday, August 14, 1998. All persons

attending will be subject to Federal and

DOT workplace security measures.

Attendees must enter the building at the

southwest quadrant which is located

near the intersection of Seventh and ‘‘E’’

Streets, SW.

Background

The Motor Carrier Act of 1935 gave

the FHWA and its predecessor, the

Interstate Commerce Commission (ICC),

broad authority to regulate

qualifications and maximum hours of

service of employees of, and safety of

operation and equipment of motor

carriers (now recodified at 49 U.S.C.

31502), which carried with it implicit

authority to waive any regulation or

exempt any entity.

Before TEA 21 (Pub. L. No. 105–178,

112 Stat. 107), the Motor Carrier Safety

Act of 1984 (49 U.S.C. 31136) and the

Commercial Motor Vehicle Safety Act of

1986 (49 U.S.C. 31315) provided the

FHWA explicit authority to waive any

part of a regulation, as it applies to a

person or a class of persons, if the action

taken was first determined to be

consistent with the public interest and

the safe operation of commercial motor

vehicles. Before granting a waiver under

these provisions of law, the FHWA had

to publish the proposed waiver and the

reasons for it in the Federal Register for

public comment. This was a

considerable limitation on the implicit

authority in the 1935 Act inherited from

the ICC in 1967 and presented a difficult

test as interpreted by the U.S. Court of

Appeals for the D.C. Circuit in AHAS v.

FHWA, 28 F. 3d 1288 (1994).