21386 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations

PART 97—AMATEUR RADIO SERVICE

1. The authority citation for Part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended: 47 U.S.C. §§ 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

2. Section 97.21 is amended by

revising the last sentence of paragraphs

(a)(3)(i) and (a)(3)(ii) to read as follows:

§ 97.21 Application for a modified or

renewed license.

(a) * * *

(3) * * *

(i) * * * When the application for

renewal of the license has been received

by the FCC at 1270 Fairfield Road,

Gettysburg, PA 17325–7245 on or before

the license expiration date, the license

operating authority is continued until

the final disposition of the application.

(ii) * * * When the application has

been received at the proper address

specified in the Wireless

Telecommunications Bureau Fee Filing

Guide on or before the license

expiration date, the license operating

authority is continued until final

disposition of the application.

* * * * *

[FR Doc. 96–11644 Filed 5–9–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 18 and 90

[OST Docket No. OST–96–1343]

RIN 2105–AC44

Audits of State and Local

Governments

ACTION: Final rule.

SUMMARY: In connection with the

President’s Regulatory Reform Initiative,

the Department of Transportation (DOT)

is reviewing all of its existing

regulations. As a result of the review we

have identified 49 CFR part 90 as an

unnecessary regulation that should be

removed. The rule essentially repeats

verbatim the requirements of Office

Management and Budget (OMB)

Circular A–128, Audits of State and

Local Governments. The rule is being

replaced by minor amendments to 49

CFR part 18, to reference Federal audit

requirements in OMB circulars.

DATES: This regulation is effective June

10, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert G. Taylor, U.S. Department of

Transportation, Office of Acquisition

and Grant Management, M–62, 400

Seventh Street, S.W., Room 9401,

Washington, D.C. 20590, (202) 366–

4289.

SUPPLEMENTARY INFORMATION:

Background

Audit requirements for State and local

grantees are based on the Single Audit

Act of 1984 (31 U.S.C. 7501–7507).

These requirements have been

implemented in OMB Circular A–128,

Audits of State and Local Governments

(50 FR 19114–19119). These audit

requirements have been implemented in

DOT in 49 CFR part 18 and in 49 CFR

part 90, Audits of State and Local

Governments. Part 90 is merely a

republication of OMB Circular A–128.

The Department has determined that

part 90 is unnecessary, and has decided

to rescind part 90 and add a reference

to OMB Circular A–128 in Section 26,

Non-Federal Audits, of part 18.

This action represents no change in

DOT audit policy, but makes

implementation of OMB Circular A–128

consistent with the manner other OMB

management circulars are implemented.

A copy of OMB Circular A–128 can be

obtained from the information contact

above.

A reference to OMB Circular A–133,

‘‘Audits of Institutions of Higher

Education and Other Nonprofit

Institutions,’’ has also been added to

Section 26 of part 18 to inform

subrecipients of State or local

governments who are institutions of

higher education or other nonprofit

organizations of the audit requirements

imposed on them. This requirement is

contained in 49 CFR part 19, Uniform

Administrative Requirements for Grants

and Agreements With Institutions of

Higher Education, Hospitals, and Other

Nonprofit Organizations.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The Department of Transportation has

determined that this rulemaking is not

a significant regulatory action within

the meaning of Executive Order 12866,

nor a significant regulation under the

Department’s Regulatory Policies and

Procedures. The action is a reissuance of

current requirements. Because of this,

the Department certifies that this

regulatory action is nonsignificant

under the Department of

Transportation’s Regulatory Policies and

Procedures.

Regulatory Flexibility Act of 1980

The Regulatory Flexibility Act (5

U.S.C. 605(b)) requires that, for each

rule with a ‘‘significant economic

impact on a substantial number of small

entities,’’ an analysis be prepared

describing the rule’s impact on small

entities and identifying any significant

alternatives to the rule that would

minimize the economic impact on small

entities. We certify that these

regulations will not have a significant

economic impact on a substantial

number of small entities because they

do not affect the amount of funds

provided in the covered programs, but

rather reissue administrative and

procedural requirements.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612. The rules primarily apply to

State and local governments, but this is

merely a reissuance of current

requirements. Accordingly, the

Department certifies that this action

does not have sufficient Federalism

implications to warrant a full

Federalism Assessment under the

principles and criteria contained in

Executive Order 12612.

Paperwork Reduction Act

There are no additional collection of

information requirements in this final

rule.

Justification to Issue Final Rule

Under the Administrative Procedure

Act, to issue a final rule without an

NPRM, it is necessary to make a finding

that issuing an NPRM would be

impractical, unnecessary, or contrary to

the public interest. This action involves

no substantive change in policy, but

makes implementation of OMB Circular

A–128 consistent with implementation

of other OMB Circulars. Instead of a rule

that republished OMB Circular A–128,

we are incorporating the Circular by

reference. Since an NPRM would not

result in the receipt of useful

information, its issuance is unnecessary.

The action is in the public interest

because, in accordance with the

President’s regulatory reinvention

efforts, we are eliminating a duplicative

regulation.

List of Subjects

49 CFR Part 18

Accounting, Contract programs, Grant

programs, Grants administration,

Intergovernmental relations, Reporting

and recordkeeping requirements.List of
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Rules and Regulations 21387

1 These commodities were food and other edible

products included for human consumption

(excluding alcoholic beverages and drugs),

agricultural limestone, and fertilizers and other soil

conditioners. For brevity, these commodities will be

referred to as food products.

2 The statute limited this provision to

transportation by the owner of the vehicle, except

in emergency situations, and to situations in which

the annual tonnage of food products transported did

not exceed the annual tonnage of exempt

commodities transported. Former 49 U.S.C.

11145(c) required the ICC to ‘‘streamline’’ the

annual method of reporting tonnage.

3 These regulations were originally found in 49

CFR part 1138, but they were redesignated at 49

CFR part 1164 on November 1, 1982 (47 FR 49534).

They defined the term ‘‘emergency situations’’ and

promulgated an annual reporting requirement to

certify compliance with the statute’s annual

tonnage limitation.

4 Effective January 1, 1995, the ICC was to issue

authorities to carriers upon finding that the

applicant was in compliance with (1) ICC

regulations and safety requirements; (2) DOT safety

fitness requirements; and (3) minimum financial

responsibility requirements established by the ICC

pursuant to 49 U.S.C. 10927.

5 Truck licensing was again changed under the

ICCTA. Permanent licensing for motor carriers of

property was eliminated. 49 U.S.C. 13902. Now,

motor carriers are registered for a term determined

by the Secretary of Transportation based on fitness

standards (safety and insurance) similar to those in

TIRRA. A two-year transition period is established

to allow motor common and contract carriers to be

issued certificates and permits under the TIRRA

framework. 49 U.S.C. 13902(d). Although ICCTA

eliminates the distinction between motor common

and contract carriage, each carrier can be separately

registered during the transition period.

49 CFR Part 90

Audits, Grant programs, Grants

administration.

Issued this 1st day of May 1996 at

Washington, D.C.

Federico Pen ̃ a,

Secretary of Transportation.

Accordingly, for the reasons set forth

above, Subpart A of Title 49 of the Code

of Federal Regulations is amended as set

forth below.

PART 18—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS TO

STATE AND LOCAL GOVERNMENTS

1. The authority for Part 18 continues

to read as follows:

Authority: 49 USC 322(a).

2. Section 18.26 is amended by

adding paragraphs (d) and (e) to read as

follows:

§ 18.26 Non-Federal Audits.

* * * * *

(d) Governmental recipients and

subrecipients are subject to the Single

Audit Act of 1984 (31 U.S.C. 7501–

7507), and OMB Circular A–128,

‘‘Audits of State and Local

Governments.’’

(e) Subrecipients of Federal assistance

that are institutions of higher education

or other nonprofit organizations are

subject to OMB Circular A–133,

Revised, ‘‘Audits of Institutions of

Higher Education and Other Non-Profit

Institutions.’’ State and local

governments may choose to apply the

provisions of OMB Circular A–128 to

certain public hospitals and institutions

of higher education.

PART 90—[REMOVED]

3. Part 90 is hereby removed.

[FR Doc. 96–11607 Filed 5–9–96; 8:45 am]

BILLING CODE 4910–62–P

Surface Transportation Board

49 CFR Parts 1164 and 1311

[STB Ex Parte No. 545]

Removal of Obsolete Regulations

Concerning Owner-Operators

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Surface Transportation

Board (the Board) is removing from the

Code of Federal Regulations obsolete

regulations concerning owner-operators.

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–7513. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: Effective

January 1, 1996, the ICC Termination

Act of 1995, Pub. L. No. 104–88, 109

Stat. 803 (ICCTA) abolished the

Interstate Commerce Commission (ICC)

and established the Board within the

Department of Transportation. Section

204(a) of ICCTA provides that ‘‘[t]he

Board shall promptly rescind all

regulations established by the [ICC] that

are based on provisions of law repealed

and not substantively reenacted by this

Act.’’

Generally, prior to enactment of the

Motor Carrier Act of 1980 (MCA–80),

motor common and contract carriers

needed licenses from the ICC

(certificates for common carriers,

permits for contract carriers) in order to

operate. These licenses were based on

public convenience and necessity and

fitness standards. Motor common and

contract carriers could only charge rates

that were filed with the ICC in tariffs or

schedules.

The regulations involved here relaxed

these regulatory requirements for

owner-operators transporting food. The

part 1164 regulations were based on

former 49 U.S.C. 10922(b)(4)(E),

10923(b)(5)(A), and 11145(c). The part

1311 regulations were based on former

49 U.S.C. 10762(a)(1) and 10762(g), as

well as former sections 10922(b)(4)(E)

and 10923(b)(5)(A). Under the Trucking

Industry Regulatory Reform Act

(TIRRA), Title II of the Hazardous

Materials Transportation Act

Amendments of 1994, Pub. L. No. 103–

311 (August 26, 1994), and the ICCTA,

these statutory provisions were

repealed, and we are accordingly

removing the obsolete part 1164 and

part 1311 regulations.

PART 1164—LICENSING

Sections 5(a)(3) and 10(a)(2) of the

MCA–80 provided exceptions for

owner-operators to the licensing

provisions then generally applicable for

obtaining certificates and permits. These

sections of the MCA–80 were codified,

as here relevant, at former 49 U.S.C.

10922(b)(4)(E) and 49 U.S.C.

10923(b)(5)(A). Owner-operators were

allowed to obtain operating authority

from the ICC to transport food and

certain other commodities 1 through a

fitness-only application procedure.2 The

ICC issued regulations implementing

the new statute in Owner-Operator Food

Transportation, 132 M.C.C. 521 (1981)

(Owner-Operator).3

TIRRA again amended former sections

10922 and 10923. Sections 207 and 208

of TIRRA eliminated the provisions of

49 U.S.C. 10922(b)(4)(E) and 49 U.S.C.

10923(b)(5)(A) and also modified other

parts of sections 10922 and 10923 to

apply the fitness-only standard to all

non-household goods motor property

common and contract carrier applicants.

See Revised MC-Licensing Appl. Forms

and Regs., 10 I.C.C.2d 386, 387 (1994).4

Thus, since the passage of TIRRA,

owner operators have been able to

obtain authority to transport food

products under that standard regardless

of the annual tonnage and ownership of

the vehicle.5

Because former sections

10922(b)(E)(5), 10923(b)(5)(A), and

11145(c) have been eliminated, we will

remove the obsolete regulations at 49

CFR part 1164.

PART 1311—RATE FILINGS

Section 5(a) of the MCA–80 modified

for owner-operators the requirement to

file tariffs and schedules: former 49

U.S.C. 10762 was amended by the

addition of a new subsection (g)

mandating the streamlining of rate filing

requirements of motor carriers holding

authority issued under former section

10922(b)(4)(E) and 10923(b)(5)(a). Also,

former section 10762(a)(1) was amended