Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19561

1 During this review, the agency identified

another obsolete reference in S7 which was deleted

in a December 13, 1995, final rule (60 FR 63965).

has determined that this rule will not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

Civil Justice Reform: This rule does

not have any retroactive effect. Under 49

U.S.C. 30103, whenever a Federal motor

vehicle safety standard is in effect, a

State may not adopt or maintain a safety

standard applicable to the same aspect

of performance which is not identical to

the Federal standard, except to the

extent that the state requirement

imposes a higher level of performance

and applies only to vehicles procured

for the State’s use. 49 U.S.C. 30161 sets

forth a procedure for judicial review of

final rules establishing, amending or

revoking Federal motor vehicle safety

standards. That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing, 49

CFR Part 571 is amended as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for Part 571

of Title 49 continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. § 571.210 is amended by removing

paragraph S6(c) and S7.

Issued on April 25, 1996.

Ricardo Martinez,

Administrator.

[FR Doc. 96–10789 Filed 5–1–96; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 96–29, Notice 01]

RIN 2127–AG28

Federal Motor Vehicle Safety

Standards; Hydraulic Brake Systems

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule, technical

amendment.

SUMMARY: This document deletes an

obsolete section of Standard No. 105,

Hydraulic brake systems, that relates to

an optional burnish procedure. This

section is obsolete because the time

period to which it specifies is in the

past.

EFFECTIVE DATE: This rule is effective

June 3, 1996.

FOR FURTHER INFORMATION CONTACT: For

nonlegal issues: Mr. Robert M. Clarke,

Office of Crash Avoidance, telephone

(202) 366–4923.

For legal issues: Mr. Marvin Shaw,

Office of Chief Counsel, NCC–20, (202)

366–2992. Both may be reached at the

National Highway Traffic Safety

Administration, 400 Seventh St., S.W.,

Washington, D.C. 20590.

SUPPLEMENTARY INFORMATION: Pursuant

to the President’s March 4, 1995,

directive, ‘‘Regulatory Reinvention

Initiative,’’ to the heads of departments

and agencies, NHTSA undertook a

review of all its regulations and

directives. During the course of this

review, the agency identified several

requirements and regulations that are

potential candidates for rescission. In

reviewing Standard No. 105, the agency

concluded that a section relating to the

optional burnish requirements in

S7.4.2.1(a) was obsolete and should be

deleted.1 The optional burnish

requirements applied to vehicles

manufactured before September 1, 1994,

because the agency wanted to provide

this option for a finite period of time. To

improve the clarity and conciseness of

Standard No. 105, the agency is deleting

S7.4.2.1(a) from the standard.

NHTSA finds good cause to make this

amendment effective 30 days after

publication of this document. This

amendment makes a minor change to

Standard No. 105.

NHTSA also finds for good cause that

notice and an opportunity for comment

on this document are unnecessary. This

document does not impose any

additional responsibilities on any

manufacturer. Instead, this document

simply removes an outdated provision

in the standard.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rulemaking document was not

reviewed under E.O. 12866, ‘‘Regulatory

Planning and Review.’’ Further, this

action has been determined to be not

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures. This rule removes an

outdated portion of Standard 105

without changing any of the

requirements in the standard. Because

this rule does not affect any substantive

requirement of the hydraulic brake

standard, its impacts are so minimal as

not to warrant preparation of a full

regulatory evaluation.

Regulatory Flexibility Act: NHTSA

has also considered the impacts of this

rule under the Regulatory Flexibility

Act. I hereby certify that this rule will

not have a significant economic impact

on a substantial number of small

entities. As noted above, this rule

simply removes an outdated portion of

Standard 105. It has no effect

whatsoever on the manufacture or sale

of vehicles.

National Environmental Policy Act:

NHTSA has also analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment.

Executive Order 12612 (Federalism):

NHTSA has analyzed this rule in

accordance with the principles and

criteria contained in E.O. 12612, and

has determined that this rule will not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

Civil Justice Reform: This rule will not

have any retroactive effect. Under 49

U.S.C. 30103, whenever a Federal motor

vehicle safety standard is in effect, a

State may not adopt or maintain a safety

standard applicable to the same aspect

of performance which is not identical to

the Federal standard, except to the

extent that the state requirement

imposes a higher level of performance

and applies only to vehicles procured

for the State’s use. 49 U.S.C. 30161 sets

forth a procedure for judicial review of

final rules establishing, amending or

revoking Federal motor vehicle safety

standards. That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires.

In consideration of the foregoing, the

agency is amending 49 CFR 571.105,

Hydraulic brake systems, to read as

follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

§ 571.301 [Amended]

2. Section 571.105 is amended by

revising S7.4.2.1 to read as follows:
19562 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

§ 571.105 Standard No. 105, Hydraulic

Brake Systems.

* * * * *

S7.4.2.1 Burnish. Vehicles are

burnished according to the following

procedures. Make 500 snubs between 40

mph and 20 mph at a deceleration rate

of 10 f.p.s.p.s. Except where an

adjustment is specified, after each brake

application accelerate to 40 mph and

maintain that speed until making the

next brake application at a point 1 mile

from the initial point of the previous

brake application. If the vehicle cannot

attain a speed of 40 mph in 1 mph,

continue to accelerate until the vehicle

reaches 40 mph or until the vehicle has

traveled 1.5 miles from the initial point

of the previous brake application,

whichever occurs first. The brakes shall

be adjusted three times during the

burnish procedure, in accordance with

the manufacturer’s recommendations,

after 125, 250, and 375 snubs.

* * * * *

Issued on April 25, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–10790 Filed 5–1–96; 8:45 am]

BILLING CODE 4910–59–P

Federal Transit Administration

49 CFR Parts 604 and 609

RIN 2132–AA46

Charter Service; Transportation for

Elderly and Handicapped Persons

AGENCY: Federal Transit Administration,

DOT.

ACTION: Final rule.

SUMMARY: This rule removes and

updates obsolete sections of the Federal

Transit Administration’s Charter Service

and Transportation for Elderly and

Handicapped Persons regulations,

which have been superseded by the

Department of Transportation’s

regulation implementing the Americans

with Disabilities Act of 1990, replaces

references to the former Federal Transit

Act, as amended (49 U.S.C. app §§ 1601

et seq.) with references to Chapter 53 of

Title 49 of the United States Code, and

redesignates Appendix B of the Charter

Service regulation as Appendix A of the

Transportation for Elderly and

Handicapped Persons regulation.

EFFECTIVE DATE: May 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Richard L. Wong, Attorney-Advisor,

Office of the Chief Counsel, Phone:

(202) 366–1936 (voice).

SUPPLEMENTARY INFORMATION: Part 609 of

49 CFR set forth regulatory requirements

of the Federal Transit Administration on

transportation for the elderly and

persons with disabilities under sections

5 and 16 of the former Federal Transit

Act, as amended (49 U.S.C. app. §§ 1604

and 1612). These requirements included

transportation planning in urbanized

areas, transportation planning in

nonurbanized areas, accessible

transportation facilities, and accessible

buses, rapid rail vehicles, light rail

vehicles, and other vehicles.

The specification for accessible

transportation facilities and vehicles

have now been superseded by the

Department of Transportation’s

regulation implementing the Americans

with Disabilities Act of 1990 (49 CFR

Parts 27, 37, and 38), and the special

efforts planning requirements for

urbanized areas are located in the joint

FHWA/FTA Statewide and

Metropolitan Planning Rules (49 CFR

Part 613 and 23 CFR Part 450,

respectively).

In addition, 49 CFR Part 604, Charter

Service, Appendix B, contains a series

of questions and answers regarding the

definitions addressed under 49 CFR Part

609. This final rule moves Appendix B

to Part 609, a more appropriate location,

and makes several technical

amendments reflecting that change and

the codification of the former Federal

Transit Act (now 49 U.S.C. Chapter 53).

Regulatory Analyses and Notices

This is not a significant rule under

Executive Order 12866 or under the

Department’s Regulatory Policies and

Procedures. It does not impose costs on

regulated parties. It merely removes

several superseded sections of a

regulation and consolidates the effective

sections. There are not sufficient

Federalism implications to warrant a

Federalism Assessment. The

Department certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities.

Under the Administrative Procedure

Act (5 U.S.C. 553), FTA determines that

notice and an opportunity for comment

are impracticable, unnecessary, and

contrary to the public interest. The

amendments made in this document are

ministerial, removing obsolete and

redundant material and making minor

technical and terminological changes.

FTA expects these changes to have no

substantive impact and does not

anticipate receiving meaningful

comments on them. Therefore, because

it would be contrary to the public

interest to unnecessarily delay this

effort to eliminate and revise outdated

rules, FTA is not seeking public

comment on these changes to 49 CFR.

List of Subjects in 49 CFR Parts 604 and

609

Elderly and handicapped; charter

service.

For the reasons set forth, the

Department amends 49 CFR Parts 609

and 604 as follows:

PARTS 604 AND 609—[AMENDED]

1. The authority citation for 49 CFR

Part 604 continues to read as follows:

Authority: 49 U.S.C. 5323(d); 23 U.S.C.

103(e)(4); 142(a); and 142(c); and 49 CFR

1.51.

2. The authority citation for 49 CFR

Part 609 is revised to read as follows:

Authority: 49 U.S.C 5307(d) and 5308(b);

23 U.S.C. 134,135 and 142; 29 U.S.C. 794; 49

CFR 1.51.

Appendix B [Redesignated]

3. 49 CFR Part 604, Appendix B is

redesignated as 49 CFR Part 609,

Appendix A.

Appendix A [Amended]

4. In newly designated Appendix A to

Part 609, the first sentence of the second

paragraph is amended by deleting

‘‘§ 604.9(b)(6)’’ and replacing it with

‘‘this part’’.

5. In newly designated Appendix A to

Part 609, the first sentence of Answer 3

is amended by replacing ‘‘section 16 of

the FT Act’’ with ‘‘section 5302(a)(5) of

the Federal transit laws (49 U.S.C.

Chapter 53)’’.

6. In newly designated Appendix A to

Part 609, the second sentence of Answer

5 is amended by replacing ‘‘FTA’s

elderly and handicapped regulation’’

with ‘‘the Department of

Transportation’s ADA regulation’’.

§ 609.5 [Amended]

7. Section 609.5 is amended by

replacing ‘‘sections 3, 5, or 9 of the

Federal Mass Transit Act of 1964, as

amended (49 U.S.C. 1602, 1604, or

1607a)’’ with ‘‘sections 5307 or 5308 of

the Federal transit laws (49 U.S.C.

Chapter 53)’’.

§ 609.23 [Amended]

8. Section 609.23 is amended by

replacing ‘‘section 5 of the Federal Mass

Transit Act of 1964, as amended (49

U.S.C. 1604)’’ with ‘‘section 5307 of the

Federal transit laws (49 U.S.C. Chapter

53).

§§ 609.5 and 609.23 [Amended]

9. Sections 609.5 and 609.23 are

amended by removing the words

‘‘Federal Mass Transit Administrator’’

and adding in their place, the words

‘‘Federal Transit Administrator’’.