Organization and Delegation of Powers and Duties; Delegations to Federal Highway Administrator, Research and Special Programs Administrator, and Director of the Bureau of Transportation Statistics

Organization and Delegation of Powers and Duties; Delegations to Federal Highway Administrator, Research and Special Programs Administrator, and Director of the Bureau of Transportation Statistics

Federal Register Notice
December 27, 1996
Volume 61, Number 250

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This document delegates to the Administrator of the Federal Highway Administration (FHWA), the Administrator of the Research and Special Programs Administration (RSPA), and the Director of the Bureau of Transportation Statistics (BTS) certain authority vested in the Secretary of Transportation by the ICC Termination Act of 1995 (ICCTA), Pub. L. 104-88, 109 Stat. 803. The purpose of this rulemaking is to amend Part 1 of title 49, Code of Federal Regulations, to reflect these delegations.

EFFECTIVE DATE: December 27, 1996.

FOR FURTHER INFORMATION CONTACT: (1) Thomas P. Holian, Office of Chief Counsel, Legislation and Regulations Division, FHWA, Room 4223, (202) 366-0761; (2) John Grimm, Office of Motor Carrier Information Analysis,FHWA, Room 3104, (202) 366-4039; or Michael Falk, Office of Chief Counsel, Motor Carrier Law Division, FHWA, Room 4217, (202) 366-0834; (3) Edward H. Bonekemper, III, Assistant Chief Counsel, Hazardous Materials Safety, Research and Technology Law Division, RSPA, Room 8405, (202) 366-4401; (4) David Mednick, BTS, Room 3430, (202) 366- 8871. The building address for all of the above is 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The Secretary has determined that certain authority vested in the Secretary by the ICCTA should be formally delegated to the Federal Highway Administrator, the Research and Special Programs Administrator, and the Director of the Bureau of Transportation Statistics. This rulemaking amends section 1.48 of 49 CFR Part 1, Delegations to the Federal Highway Administrator, section 1.53 of 49 CFR Part 1, Delegations to the Administrator of the Research and Special Programs Administration, and section 1.71 of 49 CFR Part 1, Delegations to the Director of the Bureau of Transportation Statistics, to reflect these delegations.

Because these amendments relate to departmental management, organization, procedure, and practice, prior notice and opportunity for comment are unnecessary. For the same reason, good cause exists for making this final rule effective immediately upon publication in the Federal Register.

Section 1.48 Delegations to the Federal Highway Administrator

This final rule amends 49 CFR 1.48 to delegate to the Federal Highway Administrator the authority to administer portions of section 103 of the ICCTA. Section 103 amended or enacted provisions of title 49, United States Code, which direct the Secretary to carry out certain motor carrier, broker, and freight forwarder functions.

This final rule also amends 49 CFR 1.48 to delegate to the Federal Highway Administrator the authority to administer sections 104, 403(a), and 408 of the ICCTA. Section 104 requires regulations be established relating to State grants, vehicle length limitations, insurance, and self-insurance. Section 403(a) relates to the promulgation of regulations relating to railroad-highway grade crossings. Section 408 requires the Secretary to issue a rulemaking in relation to a variety of fatigue-related issues pertaining to commercial motor vehicle safety.

A correction in paragraph designation is provided to reflect an amendment to a final rule published on January 6, 1993 (58 FR 502-503), that added paragraph (jj) to Sec. 1.48. The final rule published today amends the January 6, 1993, rule because an earlier rule added (jj) at 57 FR 62483-62484 on December 31, 1992.

Section 1.53 Delegations to the Research and Special Programs Administrator

This final rule amends 49 CFR 1.53 to delegate to the Research and Special Programs Administrator the authority to administer section 406 of the ICCTA, which requires the Secretary to (1) issue a final rule extending the transition period for the continued use of fiber drum packagings that do not meet performance standards adopted in 1990; (2) contract with the National Academy of Sciences for a study of packaging standards applicable to the use of fiber drums for the transportation of liquid hazardous materials; and (3) develop final standards for fiber drum packagings for liquid hazardous materials.

Section 1.71 Delegations to the Director of the Bureau of Transportation Statistics

This final rule amends 49 CFR 1.71 to delegate to the Director of the Bureau of Transportation Statistics the authority to administer section 14122(a) and (c) and section 14123 of title 49, U.S.C., relating to the collection and dissemination of information on motor carriers, which was revised under section 103 of the ICCTA.

List of Subjects in 49 CFR Part 1

Authority delegations (Government agencies), Organization and functions (Government agencies).

In consideration of the foregoing, Part 1 of Title 49, Code of Federal Regulations, is amended as follows:

PART 1--[AMENDED]

1. The authority citation for Part 1 continues to read as follows:

Authority: 49 U.S.C. 322; Pub. L. 101-552; 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2).

2. Section 1.48 is amended by redesignating the second (jj) paragraph as paragraph (d) and adding new paragraphs (h) and (i) to read as follow:

Sec. 1.48 Delegations to the Federal Highway Administrator.

* * * * *

(h) Carry out the functions and exercise the authority vested in the Secretary by 49 U.S.C., Subtitle IV, Part B,:

(1) Chapter 131;
(2) Chapter 133;
(3) Chapter 135;
(4) Chapter 137, sections 13702(a), 13702(c)(1), 13702(c)(2), 13702(c)(3), 13704, 13707, and 13708;
(5) Chapter 139;
(6) Chapter 141, Subchapter I and sections 14121 and 14122 of Subchapter II;
(7) Chapter 145, sections 14501, 14502, and 14504;
(8) Chapter 147, sections 14701 through 14708; and
(9) Chapter 149, sections 14901 through 14913.
(i) Carry out the functions and exercise the authority vested in the Secretary by sections 104, 403(a), and 408 of the ICC Termination Act of 1995, Pub. L. 104-88, relating to miscellaneous motor carrier provisions, railroad-highway grade crossing regulation and fatigue-related issues pertaining to commercial motor vehicle safety.

* * * * *

3. Section 1.53 is amended by adding a new paragraph (b)(5) to read as follows:

Sec. 1.53 Delegations to the Administrator of the Research and Special Programs Administration.

* * * * *

(b) * * *

(5) Section 406 of the ICC Termination Act of 1995 (Public Law 104-88) relating to the issuance of regulations concerning the use of certain fiber drum packagings for the transportation of liquid hazardous materials, including contracting for a study by the National Academy of Sciences.

* * * * *

4. Section 1.71 is amended by adding a new paragraph (b) to read as follows:

Sec. 1.71 Delegations to the Director of the Bureau of Transportation Statistics.

* * * * *

(b) Motor carrier information. 49 U.S.C. 14123, relating to the collection and dissemination of information on motor carriers.

* * * * *

Issued at Washington, D.C. this 17 day of December 1996.

Federico Peña,
Secretary of Transportation.

[FR Doc. 96-32703 Filed 12-26-96; 8:45 am]

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