58616 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

§ 3141.5–3 Royalties and rentals. 

(a) The royalty rate on all combined 

hydrocarbon leases or tar sand leases is 

121⁄2 percent of the value of production 

removed or sold from a lease. The 

Minerals Management Service shall be 

responsible for collecting and 

administering royalties. 

* * * * * 

(d) The rental rate for a tar sand lease 

shall be $1.50 per acre for the first 5 

years and $2.00 per acre for each year 

thereafter. 

* * * * * 

■ 20. Revise § 3141.5–4 to read as 

follows: 

§ 3141.5–4 Lease size. 

Combined hydrocarbon leases or tar 

sand leases in Special Tar Sand Areas 

shall not exceed 5,760 acres. 

■ 21. Revise § 3141.6–2 to read as 

follows: 

§ 3141.6–2 Publication of a notice of 

competitive lease offering. 

(a) Combined Hydrocarbon Leases. 

Where a determination to offer lands for 

competitive leasing is made, a notice 

shall be published of the lease sale in 

the Federal Register and a newspaper of 

general circulation in the area in which 

the lands to be leased are located. The 

publication shall appear once in the 

Federal Register and at least once a 

week for 3 consecutive weeks in a 

newspaper, or for other such periods 

deemed necessary. The notice shall 

specify the time and place of sale; the 

manner in which the bids may be 

submitted; the description of the lands; 

the terms and conditions of the lease, 

including the royalty and rental rates; 

the amount of the minimum bid; and 

shall state that the terms and conditions 

of the leases are available for inspection 

and designate the proper BLM office 

where bid forms may be obtained. 

(b) Tar Sand Leases or Oil and Gas 

Leases. At least 45 days prior to 

conducting a competitive auction, lands 

to be offered for a competitive lease sale 

shall be posted in the proper BLM office 

having jurisdiction over the lands as 

specified in § 1821.2–1(d) of this title, 

and shall be made available for posting 

to surface managing agencies having 

jurisdiction over any of the included 

lands. 

■ 22. Amend § 3141.6–3 by 

redesignating paragraphs (a) through (f) 

as paragraphs (a)(1) through (a)(6), 

respectively; and by adding new 

paragraphs (a) introducing text, (b), and 

(c) to read as follows: 

§ 3141.6–3 Conduct of sales. 

(a) Combined Hydrocarbon Leases. 

* * * * * 

(b) Oil and Gas Leases. Lease sales for 

oil and gas leases will be conducted 

using the procedures for oil and gas 

leases in § 3120.5 of this title. 

(c) Tar Sand Leases. (1) Parcels shall 

be offered by oral bidding. 

(2) The winning bid shall be the 

highest oral bid by a qualified bidder, 

equal to or exceeding $2.00 per acre. 

(3) Payments shall be made as 

provided in § 3120.5–2 of this title. 

■ 23. Amend § 3141.6–5 by revising the 

section heading to read as follows: 

§ 3141.6–5 Fair market value for combined 

hydrocarbon leases. 

Subpart 3142—Paying Quantities/ 

Diligent Development 

■ 24. Revise the heading of subpart 3142 

to read as follows: 

Subpart 3142—Paying Quantities/ 

Diligent Development for Combined 

Hydrocarbon Leases 

■ 25. Amend § 3142.0–5 by revising 

paragraph (a) to read as follows: 

§ 3142.0–5 Definitions. 

* * * * * 

(a) Production, in compliance with an 

approved plan of operations and by 

nonconventional methods, of oil and gas 

which can be marketed; or 

* * * * * 

[FR Doc. 05–20150 Filed 10–6–05; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 303 

[Docket No. FMCSA–2002–13248] 

RIN 2126–AA79 

Title VI Regulations for Federal Motor 

Carrier Safety Administration Financial 

Assistance Recipients 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA adopts as final its 

interim regulations at 49 CFR part 303 

governing civil rights matters, consistent 

with the savings provision of section 

106(b) of the Motor Carrier Safety 

Improvement Act of 1999. As with the 

interim rule, this final rule clarifies and 

modifies the applicability of certain 

Federal Highway Administration 

(FHWA) and Departmental umbrella 

Title VI provisions of the Civil Rights 

Act of 1964, and related 

nondiscrimination statutes, as they 

apply to FMCSA Federal financial 

assistance recipients. Part 303 was 

created to provide FMCSA with initial 

guidelines and procedures, as well as 

future FMCSA Title VI implementing 

regulations and any future guidelines on 

Title VI compliance. FMCSA removed 

itself from the FHWA Title VI 

regulations in 23 CFR part 200 to avoid 

confusion, while not altering the 

substantive Title VI obligations of 

FMCSA and its grantees. FMCSA 

remains subject to the Departmental 

umbrella Title VI regulations in 49 CFR 

part 21 and will develop as needed 

further guidelines and procedures to 

assure effective and consistent 

implementation for financially assisted 

recipients. We have not made any 

changes to the interim rules in part 303, 

and we adopt the interim regulations as 

final without change. 

DATES: This Final Rule is effective on 

November 7, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carmen Sevier, Office of Civil Rights 

(MC–CR), DOT Federal Motor Carrier 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590; 

telephone (202) 366–4330, or e-mail 

Carmen.Sevier@fmcsa.dot.gov. Office 

hours are from 7:45 a.m. to 4:15 p.m. 

e.t., Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Where Can You Get Copies of This 

Final Rule? 

You may download this document 

from http://www.archives.gov/_federal 

register by clicking on today’s Federal 

Register; from the Department of 

Transportation’s electronic docket at the 

URL address: http://dms.dot.gov, 

identified by docket FMCSA–2002– 

13248 and key in the last five digits of 

this docket number; or you can contact 

the person listed under FOR FURTHER

INFORMATION CONTACT to request a copy. 

Background 

The Motor Carrier Safety 

Improvement Act of 1999 (MCSIA) (Pub. 

L. No. 105–159, 113 Stat. 1748, 

December 9, 1999), created the Federal 

Motor Carrier Safety Administration 

(FMCSA) and transferred to FMCSA 

certain motor carrier safety and related 

responsibilities. Prior to MCSIA, the 

powers and authorities transferred to 

the FMCSA had been exercised by 

various entities within the Department. 

FMCSA consequently was charged with 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58617 

1NONDISCRIMINATION PROGRAM 

REQUIREMENTS 

1. Title VI of the Civil Rights Act of 1964—‘‘No 

person in the United States shall, on the grounds 

of race, color, or national origin, be excluded from 

participation in, be denied the benefits of, or be 

subjected to discrimination under any program or 

activity receiving Federal financial assistance.’’

2. Age Discrimination Act of 1975—‘‘No person 

in the United States shall, on the basis of age be 

excluded from participation in, be denied the 

benefits of, or be subjected to discrimination under 

any program or activity receiving Federal financial 

assistance.’’

3. Section 504, Rehabilitation Act of 1973—‘‘No 

qualified handicapped person shall, solely by 

reason of his handicap, be excluded from 

participation in, be denied the benefits of, or be 

subjected to discrimination under any program or 

activity that receives or benefits from Federal 

financial assistance.’’

4. Title IX of the Education Amendments Act of 

1972 prohibits discrimination on the basis of sex, 

in education and training programs provided by 

recipients of Federal financial assistance. Title IX 

is designed to eliminate (with certain exceptions) 

discrimination on the basis of sex in any education 

program or activity receiving Federal financial 

assistance, whether or not such program or activity 

is offered or sponsored by an educational 

institution. 

2The Federal lead agency is the agency that 

provides the most overall funding to the recipient. 

enforcing motor carrier safety 

requirements previously enforced by its 

predecessors: the former Federal 

Highway Administration (FHWA) Office 

of Motor Carriers; the former FHWA 

Office of Motor Carrier and Highway 

Safety; and the former Office of Motor 

Carrier Safety within the DOT. 

Section 106(b) of MCSIA contained a 

‘‘savings provision’’ which, among other 

things, preserved for FMCSA the 

applicability of various rules and 

regulations that were applicable to its 

predecessor agencies and offices. 

Among those regulations are certain 

FHWA nondiscrimination protections 

and provisions that implement Title VI 

of the 1964 Civil Rights Act (42 U.S.C. 

2000d, et seq., and related 

nondiscrimination statutes). The 

FHWA’s regulations in 23 CFR part 200 

are applicable to recipients of Federal 

grant and cooperative agreement aid. 

Those regulations, promulgated by 

FHWA in 1975 and 1976, supplemented 

the Departmental umbrella Title VI 

protections in 49 CFR part 21. 

Interim Final Rule (IFR) 

FMCSA published an IFR in the 

Federal Register on February 14, 2005 

(70 FR 7411) which established Part 303 

for FMCSA Title VI implementing 

regulations by adopting the 

Departmental Title VI provisions under 

49 CFR part 21. The interim regulations 

in Part 303 were intended to provide 

initial guidelines and procedures for 

future FMCSA Title VI implementing 

regulations and any future guidelines on 

Title VI compliance. FMCSA clarified 

the Title VI authorities covering FMCSA 

programs by deleting references specific 

to only FHWA programs and by stating 

the applicability of the Departmentwide Title VI regulations to FMCSA. We 

invited public comment on the IFR and 

the 60-day comment period closed April 

15, 2005. We did not receive any 

comments on the IFR. 

Title VI 

Title VI states that, ‘‘No person in the 

United States shall, on the grounds of 

race, color, or national origin, be 

excluded from participation in, be 

denied the benefits of, or be otherwise 

subjected to discrimination under any 

program or activity receiving Federal 

financial assistance.’’ In addition, Title 

VI and the other related 

nondiscrimination statutes 1 bar 

intentional discrimination, as well as 

disparate impact discrimination, which 

is a neutral policy or practice that has 

an unequal and adverse impact on 

protected groups. 

Applicability of FHWA Title VI 

Provisions to FMCSA 

The FHWA’s regulations in 23 CFR 

part 200 provide guidance on how 

FHWA will implement its Title VI 

compliance and define the role and 

responsibilities of State transportation 

agencies in ensuring compliance with 

Title VI. FMCSA reviewed those 

regulations in light of its motor carrier 

safety objectives and concluded the 

FHWA regulations in 23 CFR part 200 

do not meet the needs of FMCSA 

Federal financial assistance recipients. 

This is because FHWA nondiscrimination policies and procedures 

are geared toward highway planning 

and development. 

Alternatively, the Departmental 

implementing regulations in 49 CFR 

part 21 specify the manner and degree 

to which grant recipients must comply, 

and the basic recordkeeping 

requirements necessary to meet the 

intent of the nondiscrimination statutes. 

The Departmental regulations are 

broader in scope and therefore do not 

involve the degree of specificity 

required by the FHWA regulations. On 

that basis, FMCSA concluded the 

broader Departmental regulations are 

more appropriate for the level of 

financial assistance involved in FMCSA 

programs or activities. For these 

reasons, FMCSA adopted the 

Departmental umbrella provisions. 

Programs or Activities 

Under this final rule, FMCSA Federal 

financial assistance recipients must 

comply with the Title VI regulations in 

49 CFR part 21 for FMCSA-only 

programs or activities. As noted above, 

we believe the less cumbersome but 

equally effective Departmental 

provisions better accommodate the 

interests of State agencies and other 

grantees by providing them with more 

streamlined Title VI procedures than 

those established in 23 CFR part 200. 

FMCSA established Part 303 in 

Subchapter A, Chapter III of Title 49 of 

the CFR, for its Title VI implementing 

regulations, by adopting the 

Departmental Title VI provisions under 

49 CFR part 21. FMCSA remains subject 

to those requirements, and may develop 

further guidelines and procedures in 

accordance with the law to assure 

effective implementation by grantees. 

For Joint or Multi-agency programs or 

activities, FMCSA grant recipients must 

follow the requirements of 49 CFR part 

21 unless an agreement is reached by 

the Federal funding agencies for the 

recipients to use those Title VI 

procedures of the Federal lead agency.2

Conclusion 

FMCSA carefully weighed the 

benefits to be gained by clarifying and 

modifying Title VI regulations 

applicable to the agency. By taking itself 

out from under FHWA Title VI 

regulations, FMCSA expects this rule to 

increase grant and cooperative 

agreement participation levels for 

FMCSA programs or activities by 

simplifying reporting requirements. 

Since the FHWA Federal-aid programs 

or activities tend to be much more 

costly than the FMCSA financially 

assisted programs or activities, FMCSA 

expects this rule to lower administrative 

costs for grantees in carrying out their 

Title VI responsibilities. FMCSA 

intends to continue applying and using 

the adequate Title VI protections under 

the Departmental umbrella regulations 

at 49 CFR part 21. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

This Final Rule is not a significant 

regulatory action within the meaning of 

Executive Order 12866, or significant 

within the meaning of the Department 

of Transportation’s regulatory policies 

and procedures. This rule clarified and 

modified the applicability of certain 

Title VI provisions of the FHWA and of 

the Department as they concern 

FMCSA’s Federal financial assistance 

recipients under the motor carrier safety 

program. It also established Part 303 (49 

58618 Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 

CFR part 303) to provide FMCSA with 

Title VI implementing regulations, as 

well as any further procedures for 

ensuring compliance with Title VI. This 

was done by adopting the Department’s 

longstanding Title VI regulations at 49 

CFR part 21. Therefore, FMCSA expects 

this rule to impose no costs on industry 

or States, since all FMCSA Federal 

financial assistance recipients are 

currently complying with the 

requirements of Title VI. We requested 

comments on any potential costs or 

burdens associated with the IFR, but 

none were received. 

Regulatory Flexibility Act 

FMCSA evaluated the effects of this 

action on small entities in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 601–612), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act. In taking itself out from 

under FHWA’s Title VI reporting and 

procedural requirements, because they 

are not appropriate for the level of 

financial assistance in FMCSA’s 

programs, FMCSA expects to ease the 

compliance standards for Title VI by all 

FMCSA Federal-aid recipients. We 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities, 

and may have some positive net 

benefits. 

Unfunded Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4; 2 

U.S.C. 1532, et seq.) requires each 

Federal agency to assess the costs, 

benefits, and other effects of its 

regulatory actions on State, local, or 

tribal governments, or on the private 

sector, except to the extent the 

regulations incorporate requirements 

specifically set forth in law. FMCSA 

determined that this rule does not 

include a Federal mandate likely to 

result in expenditures by State, local, or 

tribal governments, in the aggregate, or 

by the private sector, of $120.7 million 

or more in any one year (adjusted for 

inflation). Furthermore, regulations 

implementing civil rights requirements 

are explicitly excluded from unfunded 

mandates consideration. Therefore, the 

requirements of Title II of the Unfunded 

Mandates Reform Act do not apply to 

this final rule. 

Executive Order 13132 (Federalism) 

FMCSA analyzed this final rule under 

the principles and criteria of Executive 

Order 13132. We certify that this rule 

will not have a substantial direct effect 

on the States, or sufficient federalism 

implications for the States, nor will it 

limit the policymaking discretion of the 

States. This is because nothing in this 

final rule directly preempts any State 

law or regulation. 

Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

FMCSA analyzed this final rule under 

the principles and criteria of Executive 

Order 13175. This rule will not 

significantly or uniquely affect the 

communities of Indian tribal 

governments and will not impose 

substantial direct compliance costs. 

Therefore, Executive Order 13175 does 

not apply to this final rule. 

Executive Order 13211 (Energy Supply, 

Distribution, or Use) 

FMCSA analyzed this final rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use, dated May 18, 

2001. The rule is procedural in nature 

and, therefore, is not a significant 

regulatory action under the provisions 

of Executive Order 12866, and is not 

likely to have significant adverse effect 

on the supply, distribution, or use of 

energy. 

Paperwork Reduction Act of 1995 

We determined that this rule does not 

include an information collection 

requirement for which we need 

approval from the Office of Management 

and Budget, under the Paperwork 

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

et seq.). 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets the applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

We analyzed the rule under Executive 

Order 13045, Protection of Children 

from Environmental Health Risks and 

Safety Risks. Consequently, this rule is 

not economically significant and does 

not concern an environmental risk to 

the health or safety of children. 

Executive Order 12630 (Taking of 

Private Property) 

This action does not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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 apply to this program. 

Executive Order 13166 (Limited English 

Proficiency) 

Executive Order 13166, ‘‘Improving 

Access to Services for Persons with 

Limited English Proficiency’’ (LEP) 

applies to Federally assisted programs. 

It requires each Federal agency to 

examine the services it provides and 

develop reasonable measures to ensure 

that persons seeking government 

services but limited in their English 

proficiency can meaningfully access 

these services consistent with, and 

without unduly burdening, the 

fundamental mission of the agency. 

Its purpose is to clarify for Federalfund recipients the reasonable steps 

those grant recipients should take to 

ensure that its programs or activities are 

meaningfully accessible to individuals 

who are limited in English proficiency. 

Moreover, the Executive Order on LEP 

requires each Federal agency to provide 

guidance on Federal financial assistance 

to ensure that the recipients’ programs 

or activities are meaningfully accessible. 

As FMCSA develops its Title VI 

program, we will explore whether 

additional outreach to LEP individuals 

is appropriate. FMCSA will be operating 

under DOT LEP guidance. Therefore, 

this final rule complies with the 

principles enunciated in the Executive 

Order. 

National Environmental Policy Act 

FMCSA Environmental Order 5610.1C 

dated March 1, 2004 (69 FR 9680) 

defines FMCSA actions that may be 

categorically excluded from preparation 

of a National Environmental Policy Act 

(NEPA) environmental impact 

statement. This final rule merely 

clarified and modified FMCSA’s Title VI 

program, the applicability of both the 

FHWA’s and the Department’s Title VI 

provisions, and established a new part 

in 49 CFR chapter III, Subchapter A, for 

civil rights matters. Therefore, this final 

rule is categorically excluded in 

accordance with FMCSA Order 5610.1C, 

paragraph 6.a. 

List of Subjects in 49 CFR Part 303 

Civil Rights, Implementation and 

review procedures, Title VI compliance 

program, Title VI program and related 

statutes, Transportation. 

Federal Register / Vol. 70, No. 194 / Friday, October 7, 2005 / Rules and Regulations 58619 

Final Rule 

Accordingly, the interim regulations 

published February 14, 2005 at 70 FR 

7411, Part 303 of Subchapter A, Chapter 

III of Title 49 of the Code of Federal 

Regulations, are adopted without further 

revision. 

Issued on: October 3, 2005. 

Annette M. Sandberg, 

Administrator. 

[FR Doc. 05–20261 Filed 10–6–05; 8:45 am] 

BILLING CODE 4910–EX–P