Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40837

appropriate. All equipment shall be

considered to operate in a ‘‘general

population/uncontrolled’’ environment.

Applications for equipment

authorization of devices operating under

this section must contain a statement

confirming compliance with these

requirements for both fundamental

emissions and unwanted emissions.

Technical information showing the

basis for this statement must be

submitted to the Commission upon

request.

(g) Manufacturers of U–NII devices

are responsible for ensuring frequency

stability such that an emission is

maintained within the band of operation

under all conditions of normal

operation as specified in the users

manual.

[FR Doc. 98–20429 Filed 7–30–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 376

[FHWA Docket No. FHWA–97–3050]

RIN 2125–AE26

Exemption of Commonly-Owned Motor

Carriers From Equipment Identification

and Receipt Requirements Applicable

to Leased and Interchanged Vehicles

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule.

SUMMARY: The FHWA is modifying its

regulations under 49 CFR part 376

governing the lease and interchange of

motor vehicle equipment by exempting

commonly-owned and controlled motor

carriers from the vehicle identification

and exchange of receipt requirements of

§ 376.22 and the vehicle identification

requirement of § 376.31. This action

eliminates the need for carriers to obtain

individual waivers from these

requirements from the FHWA.

EFFECTIVE DATE: August 31, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

John F. Grimm, Director, Office of Motor

Carrier Information Analysis, (202) 366–

4039, or Mr. Michael J. Falk, Motor

Carrier Law Division, Office of the Chief

Counsel, (202) 366–1384, Federal

Highway Administration, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590. Office

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

Monday through Friday, except Federal

holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

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 modem and

suitable communications software from

the Federal Register Electronic Bulletin

Board Service at (202) 512–1661.

Internet users may reach the Federal

Register’s home page at: http://

www.nara.gov/nara/fedreg and the

Government Printing Office’s database

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

Background

The FHWA’s regulations at 49 CFR

part 376 govern motor carrier

transportation provided in nonowned

equipment. Section 376.22 permits

motor carriers of property who must

register with the FHWA under 49 U.S.C.

13901 and § 13902 (authorized carriers)

to trip lease nonowned equipment

between themselves and private motor

carriers under specified conditions.

Section 376.22(a) requires that tripleasing carriers comply with certain

equipment identification and equipment

receipt requirements contained in 49

CFR 376.11. Under these requirements,

trip-leased vehicles must display the

trade name and other pertinent

information regarding the motor carrier

operating the vehicle. Equipment

receipts must be exchanged between the

owner and authorized carrier when

possession of the equipment is

transferred.

Section 376.31 of the regulations

imposes a similar vehicle identification

requirement on authorized carriers

which interchange equipment to

continue a through movement, and also

requires that either a copy of the

interchange agreement or a detailed

interchange statement be carried in each

vehicle.

On December 30, 1997, the FHWA

published a notice of proposed

rulemaking (NPRM) and a request for

comments in the Federal Register (62

FR 67821) on amending part 376 to

exempt commonly-owned and

controlled motor carriers from the

vehicle identification and exchange of

receipt requirements of § 376.22 and the

vehicle identification and

documentation requirements of

§ 376.31. Commonly-owned or

controlled carriers have routinely been

granted individual waivers from these

requirements by the former Interstate

Commerce Commission (ICC) and the

FHWA on the ground that compliance is

unnecessary and burdensome as long as

the carriers remained under joint

ownership and control.

The FHWA believes that the vehicle

identification and exchange of receipt

requirements serve little useful purpose

when vehicles are being exchanged

between commonly-controlled

companies which are jointly operated

with respect to safety program

administration and equipment

utilization. Vehicle ownership and

assignment information can be readily

made available from computerized

dispatch records and operational logs,

obviating the need for strict

identification, placarding and receipt

issuance requirements. Furthermore,

elimination of these requirements

would allow such carriers to operate

more efficiently and economically by

fostering improved equipment use and

eliminating a significant and

unproductive paperwork and placarding

burden. This amendment would also

allow the FHWA to conserve its own

resources by eliminating the need to

grant waivers on an individual basis.

Discussion of Public Comments

The public comment period for the

NPRM closed on March 2, 1998.

Comments were received from the

California Highway Patrol (CHP);

Landstar System, Inc., and its 10 motor

carrier subsidiaries; and the National

Solid Wastes Management Association

(NSWMA). Landstar and the NSWMA

support the proposed rule on the ground

that it will eliminate burdensome

administrative and paperwork

requirements which no longer serve a

useful purpose. The CHP, however,

believes that exempting commonlyowned and controlled carriers from

vehicle identification requirements will

create problems for enforcement

personnel issuing traffic citations and

conducting routine vehicle inspections

and accident investigations. According

to the CHP, the carrier information

displayed on the vehicle is used to

identify the carrier for purposes of

preparing inspection, citation and

accident reports, which are incorporated

into State and Federal motor carrier

databases. In order to ensure the

accuracy of this data, the CHP requests

that the proposed rule be amended to

require that each vehicle carry

documentation identifying the operating

carrier which would have to be

presented to law enforcement personnel

on request.

We agree with the CHP that it is

important for enforcement personnel to

be able to accurately identify the
40838 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

operating motor carrier when issuing

traffic citations and conducting vehicle

inspections and accident investigations.

However, vehicles trip-leased among

commonly-owned and controlled

carriers will still be required to carry a

copy of either the trip-leasing agreement

under § 376.22(c)(3) or a master lease

under § 376.22(c)(4). Consequently,

enforcement personnel will be able to

identify the operating motor carrier of

trip-leased equipment.

With respect to interchanged

equipment, § 376.31(d)(2) is the only

regulatory provision requiring

interchanged vehicles to carry

documentation identifying the operating

motor carrier. Instead of achieving

consistency with § 376.22 as intended,

the proposed exemption from

§ 376.31(d)(2) would actually create

inconsistent identification requirements

because vehicles interchanged among

commonly-owned and controlled

carriers would no longer have to carry

documents identifying the operating

carrier. Accordingly, the final rule will

retain the requirement that equipment

interchanged among commonly-owned

and controlled carriers carry either a

copy of the interchange agreement or a

detailed interchange statement.

Inasmuch as individual petitions for

waivers have generally sought relief

from the provisions of § 376.22 rather

than § 376.31, retaining this requirement

should not be a burden on commonlyowned and controlled motor carriers.

Rulemaking Analyses and Notices

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. It is anticipated that the

economic impact of this rulemaking will

be minimal; therefore, a full regulatory

evaluation is not required. The

rulemaking merely exempts a small

number of transportation entities from

complying with identification and

documentation requirements which the

FHWA has routinely waived upon

request. Neither the individual nor

cumulative impact of this action would

be significant.

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, the FHWA

hereby certifies that this action will not

have a significant economic impact on

a substantial number of small entities.

The FHWA receives less than ten

petitions per year seeking waiver of

vehicle identification and receipt

issuance requirements. The rule, while

beneficial, would not have a significant

economic impact.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (the Act) (Pub. L. 104–4)

requires each agency to assess the

effects of its regulatory actions on State,

local and tribal governments and the

private sector. Any agency promulgating

a rule likely to result in a Federal

mandate requiring expenditures by a

State, local or tribal government or by

the private sector of $100 million or

more in any one year must prepare a

written statement incorporating various

assessments, estimates and descriptions

that are delineated in the Act. The

FHWA has determined that the changes

in this rule will not have an impact of

$100 million or more in any one year.

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. It is specifically designed to

eliminate certain existing paperwork

requirements for commonly-controlled

motor carriers leasing or interchanging

vehicles among themselves. Thus, this

action is consistent with goals of the

Paperwork Reduction Act.

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 number

contained in the heading of this

document can be used to cross reference

this action with the Unified Agenda.

List of Subjects in 49 CFR Part 376

Highways and roads, Motor carriers—

equipment leasing, Reporting and

recordkeeping requirements.

Issued: July 21, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing and

under the authority of section 103 of the

ICC Termination Act of 1995, Pub. L.

104–88, 109 Stat. 803, and 49 CFR 1.48,

the FHWA amends title 49, chapter III,

as follows:

PART 376—LEASE AND

INTERCHANGE OF VEHICLES

1. The authority citation for part 376

continues to read as follows:

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

CFR 1.48.

2. Section 376.22 is amended by

adding new paragraph (d) to read as

follows:

§ 376.22 Exemption for private carrier

leasing and leasing between authorized

carriers.

* * * * *

(d) Authorized and private carriers

under common ownership and control

may lease equipment to each other

under this section without complying

with the requirements of paragraph (a)

of this section pertaining to

identification of equipment, and the

requirements of paragraphs (c)(2) and

(c)(4) of this section pertaining to

equipment receipts. The leasing of

equipment between such carriers will be

subject to all other requirements of this

section.

3. Section 376.31 is amended by

adding paragraph (d)(3) to read as

follows:

§ 376.31 Interchange of equipment.

* * * * *

(d) * * *

(3) Authorized carriers under

common ownership and control may

interchange equipment with each other

without complying with the

requirements of paragraph (d)(1) of this
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40839

section pertaining to removal of

identification from equipment.

[FR Doc. 98–20519 Filed 7–30–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

072498D]

Fisheries of the Exclusive Economic

Zone Off Alaska; ‘‘Other Rockfish’’ in

the Western Regulatory Area of the

Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of ‘‘other rockfish’’ in the Western

Regulatory Area of the Gulf of Alaska

(GOA). NMFS is requiring that catch of

‘‘other rockfish’’ in this area be treated

in the same manner as prohibited

species and discarded at sea with a

minimum of injury. This action is

necessary because the amount of the

‘‘other rockfish’’ 1998 total allowable

catch (TAC) in this area has been

reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 27, 1998, until 2400

hrs, A.l.t., December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Gulf of Alaska (FMP) prepared by the

North Pacific Fishery Management

Council under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Regulations governing fishing by U.S.

vessels in accordance with the FMP

appear at subpart H of 50 CFR part 600

and 50 CFR part 679.

In accordance with § 679.20(c)(3)(ii),

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) established the amount

of the 1998 ‘‘other rockfish’’ TAC in the

Western Regulatory Area of the GOA as

20 metric tons (mt).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the amount of the

‘‘other rockfish’’ TAC in the Western

Regulatory Area of the GOA has been

reached. Therefore, NMFS is requiring

that further catches of ‘‘other rockfish’’

in the Western Regulatory Area of the

GOA be treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

overharvesting the amount of the ‘‘other

rockfish’’ TAC in the Western

Regulatory Area of the GOA. A delay in

the effective date is impracticable and

contrary to the public interest. The fleet

has taken the amount of the ‘‘other

rockfish’’ TAC in the Western

Regulatory Area. Further delay would

only result in overharvest. NMFS finds

for good cause that the implementation

of this action cannot be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

hereby waived.

This action is required by § 679.20

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: July 27, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–20445 Filed 7–27–98; 4:53 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

072498F]

Fisheries of the Exclusive Economic

Zone Off Alaska; Deep-Water Species

Fishery by Vessels Using Trawl Gear in

the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the third seasonal bycatch allowance of

Pacific halibut apportioned to the deepwater species fishery in the GOA has

been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 28, 1998, until 1200

hrs, A.l.t., October 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The prohibited species bycatch

mortality allowance of Pacific halibut

for the GOA trawl deep-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(B), was established by

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) for the third season, the

period July 1, 1998 through September

30, 1998, as 400 mt.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the third seasonal

apportionment of the 1998 Pacific

halibut bycatch mortality allowance

specified for the trawl deep-water

species fishery in the GOA has been

caught. Consequently, NMFS is

prohibiting directed fishing for the

deep-water species fishery by vessels

using trawl gear in the GOA. The

species and species groups that

comprise the deep-water species fishery

are rockfish, deep water flatfish, Rex

sole, arrowtooth flounder, and sablefish.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately in order to

prevent overharvesting the third

seasonal apportionment of the 1998

Pacific halibut bycatch mortality

allowance specified for the trawl deepwater species fishery in the GOA. A

delay in the effective date is

impracticable and contrary to the public

interest. The third seasonal bycatch

allowance of Pacific halibut apportioned

to the deep-water species fishery in the

GOA has been caught. Further delay

would only result in overharvest. NMFS

finds for good cause that the

implementation of this action can not be

delayed for 30 days. Accordingly, under