32354 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations

paragraph (a), by removing the word

‘‘authorization’’ from paragraph (a), and

by adding paragraph (b) to read as

follows:

§ 2920.2–2 Minimum impact permits.

* * * * *

(b) Permit decisions made under

paragraph (a) of this section take effect

immediately upon execution, and

remain in effect during the period of

time specified in the decision to issue

the permit. Any person whose interest

is adversely affected by a decision to

grant or deny a permit under paragraph

(a) of this section may appeal to the

Board of Land Appeals under part 4 of

this title. However, decisions and

permits issued under paragraph (a) of

this section will remain in effect until

stayed.

[FR Doc. 96–15994 Filed 6–21–96; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 27 and 28

Transportation for Individuals With

Disabilities—Correction of

Organizational References

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Department of

Transportation proposes to amend its

rules to reflect a statutory change in the

name of the Department’s transit agency

from the Urban Mass Transportation

Administration (UMTA) to the Federal

Transit Administration (FTA).

EFFECTIVE DATE: This rule is effective

July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert C. Ashby, Deputy Assistant

General Counsel for Regulation and

Enforcement, Department of

Transportation, 400 7th Street, S.W.,

Washington, D.C. 20590. (202) 366–9306

(voice); (202)755–7687(TDD).

SUPPLEMENTARY INFORMATION: In his

Regulatory Reinvention Initiative

Memorandum of March 4, 1995,

President Clinton directed Federal

agencies to conduct a page-by-page

review of all their regulations and to

‘‘eliminate or revise those that are

outdated or otherwise in need of

reform.’’ In response to that directive,

the Department has undertaken a review

of its regulations as contained in 49 CFR

Parts 27 and 28. This rule is a result of

those efforts. Pursuant to the name

change mandated by Title III—Federal

Transit Act Amendments of 1991, of the

Intermodal Surface Transportation

Efficiency Act of 1991 (P.L. 102–240),

the words ‘‘Urban Mass Transportation

Administration’’ are changed to the

words ‘‘Federal Transit Administration’’

in every instance in which those words

appear; and the letters ‘‘UMTA’’ are

changed to the letters ‘‘FTA’’ in every

instance in which those letters appear.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866. It has not been

reviewed by the Office of Management

and Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979). Because this rule is

editorial in nature, it involves no costs

and no economic evaluation has been

prepared.

In accordance with the Regulatory

Flexibility Act, the Department has

evaluated the effects of this action on

small entities. Based upon this

evaluation, the Department certifies that

the amendment will not have a

significant economic impact on a

substantial number of small entities.

Executive Order 12612 (Federalism)

These amendments have been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612. The Department

has determined that the amendments do

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The

amendments will not have a substantial

direct effect on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.

National Environmental Policy Act

The Department has also analyzed the

amendments for the purpose of the

National Environmental Policy Act. The

amendments will not have any

significant impact on the quality of the

human environment.

Paperwork Reduction Act

There are no reporting or

recordkeeping requirements associated

with the amendments.

Notice and Opportunity for Public

Comment Unnecessary

Under the Administrative Procedure

Act (5 U.S.C. section 553), the

Department determines that notice and

an opportunity for public comment are

unnecessary and contrary to the public

interest. The amendments made in this

document are ministerial and will have

no substantive impact.

List of Subjects

49 CFR Part 27

Administrative practice and

procedure, Airports, Civil rights,

Highways and roads, Individuals with

disabilities, Mass transit, Railroads,

Reports and recordkeeping

requirements.

49 CFR Part 28

Administrative practice and

procedure, Civil rights, Equal

employment opportunity, Federal

buildings and facilities, Individuals

with disabilities, Mass transit,

Railroads, Reports and recordkeeping

requirements.

PART 27—[AMENDED]

1. The authority citation for Part 27 is

revised to read as follows:

Authority: Sec. 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. 794);

secs. 16(a) and 16(d) of the Federal Transit

Laws (49 U.S.C. Chapter 5301 et seq.); sec.

165(b) of the Federal-aid Highway Act of

1973 (49 U.S.C. 142nt.); the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101–

12213; and 49 U.S.C. 322).

§ 27.5 Definitions [Amended]

2. In the definition of ‘‘Head of

Operating Administration’’ in § 27.5,

remove the words ‘‘Urban Mass

Transportation Administration,’’ and in

their place, add the words ‘‘Federal

Transit Administration’’.

§ 27.19 Compliance with Americans with

Disabilities Act requirements and FTA

policy—[Amended]

3. The heading of § 27.19 is revised to

read as set forth above.

4. In § 27.19(b), remove the word

‘‘UMTA,’’ and add, in its place, the

word ‘‘FTA’’; remove the words ‘‘Urban

Mass Transportation Administration,’’

and add, in their place, the words

‘‘Federal Transit Administration.’’

PART 28—[AMENDED]

5. The authority citation for Part 28

continues to read as follows:

Authority: 29 U.S.C. 794.

§ 28.103 Definitions [Amended]

6. In § 28.103, paragraph (g) of the

difinition of ‘‘Departmental Element’’,

remove the words ‘‘Urban Mass

Transportation Administration

(UMTA),’’ and in their place, add the

words ‘‘Federal Transit Administration

(FTA).’’
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32355

Issued on Washington, DC, on May 31,

1996.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 96–14246 Filed 6–21–96; 8:45 am]

BILLING CODE 4910–62–P

Surface Transportation Board

49 CFR Parts 1002 and 1150

[STB Ex Parte No. 529]

Class Exemption for Acquisition Or

Operation Of Rail Lines By Class III

Rail Carriers Under 49 U.S.C. 10902

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: Pursuant to the request by the

Regional Railroads of America and The

American Short Line Railroad

Association, the Surface Transportation

Board (Board) grants final approval for

a class exemption for the acquisition or

operation of additional rail lines by

Class III rail carriers. Final regulations

establishing the exemption for the

acquisitions are set forth below.

EFFECTIVE DATE: July 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Joseph Dettmar, (202) 927–5660. [TDD

for the hearing impaired: (202) 927–

5721.]

SUPPLEMENTARY INFORMATION: Pursuant

to the request by the Regional Railroads

of America and The American Short

Line Railroad Association, the Board

proposed a new class exemption to

apply to transactions in which Class III

rail carriers acquire or operate

additional rail properties under 49

U.S.C. 10902. By notice of proposed

rulemaking served and published in the

Federal Register on March 22, 1996 (61

FR 11802–11804), the Board requested

comments on the proposed exemption.

Upon reviewing the comments, the

Board is adopting the proposed class

exemption, with minor editorial

changes, because it meets the exemption

criteria of 49 U.S.C. 10502. The class

exemption will be similar to the Board’s

existing rules for noncarrier transactions

under 49 U.S.C. 10901. Because section

10902 precludes the Board from

imposing labor protection on Class III

carriers receiving a certificate under the

statute, the class exemption will not

provide labor protection for affected rail

employees. Additional information is

contained in the Board’s decision served

on June 21, 1996. To purchase a copy

of the decision, write to, call, or pick up

in person from: DC News & Data, Inc.,

1201 Constitution Avenue, N.W., Room

2229, Washington, D.C. 20423.

[Assistance for the hearing impaired is

available through TDD service (202)

927–5721.]

List of Subjects

49 CFR Part 1002

Administrative practice and

procedure, Freedom of information,

User fees.

49 CFR Part 1150

Administrative practice and

procedure, Railroads.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen. Chairman Morgan commented with a

separate expression. Commissioner Owen

concurred in part and dissented in part with

a separate expression.

Decided: June 14, 1996.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, the Board amends title 49,

chapter X, parts 1002 and 1150 of the

Code of Federal Regulations, as follows:

PART 1002—FEES

1. The authority citation for part 1002

is revised to read as follows:

Authority: 5 U.S.C. 552(a)(4)(A) and 553;

31 U.S.C. 9701; and 49 U.S.C. 721(a).

2. Section 1002.2 is amended by

adding a new paragraph (f) (36) to read

as follows:

§ 1002.2 Filing fees.

* * * * *

(f) * * *

Type of proceeding Fee

* * * * *

(36) Notice of exemption under 49

CFR 1150.41–1150.45 .................. $950

* * * * *

* * * * *

PART 1150—CERTIFICATE TO

CONSTRUCT, ACQUIRE, OR OPERATE

RAILROAD LINES

3. The authority citation for part 1150

is revised to read as follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C.

721(a), 10502, 10901, and 10902.

4. The heading for Subpart D is

revised to read as follows:

Subpart D—Exempt Transactions

Under 49 U.S.C. 10901

5. A new Subpart E, consisting of

§§ 1150.41–1150.45, is added to read as

follows:

Subpart E—Exempt Transactions

Under 49 U.S.C. 10902 for Class III Rail

Carriers

Sec.

1150.41 Scope of exemption.

1150.42 Procedures and relevant dates for

small line acquisitions.

1150.43 Information to be contained in

notice for small line acquisitions.

1150.44 Caption summary.

1150.45 Procedures and relevant dates—

transactions under section 10902 that

involve creation of Class I or Class II rail

carriers.

Subpart E—Exempt Transactions

Under 49 U.S.C. 10902 for Class III Rail

Carriers

§ 1150.41 Scope of exemption.

Except as indicated in paragraphs (a)

through (d) of this section, this

exemption applies to acquisitions or

operations by Class III rail carriers

under section 10902. This exemption

also includes:

(a) Acquisition by a Class III rail

carrier of rail property that would be

operated by a third party;

(b) Operation by a Class III carrier of

rail property acquired by a third party;

(c) A change in operators on such a

line; and

(d) Acquisition of incidental trackage

rights. Incidental trackage rights include

the grant of trackage rights by the seller,

or the acquisition of trackage rights to

operate over the line of a third party,

that occurs at the time of the purchase.

§ 1150.42 Procedures and relevant dates

for small line acquisitions.

(a) This exemption applies to the

acquisition of rail lines with projected

annual revenues which, together with

the acquiring carrier’s projected annual

revenue, do not exceed the annual

revenue of a Class III railroad. To

qualify for this exemption, the Class III

rail carrier applicant must file a verified

notice providing details about the

transaction, and a brief caption

summary, conforming to the format in

§ 1150.44, for publication in the Federal

Register. In addition to the written

submission, the notice and summary

must be submitted on a 3.5-inch diskette

formatted for WordPerfect 5.1.

(b) The exemption will be effective 7

days after the notice is filed. The Board,

through the Director of the Office of

Proceedings, will publish a notice in the

Federal Register within 30 days of the

filing. A change in operators must

follow the provisions at § 1150.44, and

notice must be given to shippers.

(c) If the notice contains false or

misleading information, the exemption

is void ab initio. A petition to revoke