[Federal Register: October 29, 1999 (Volume 64, Number 209)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Office of Motor Carrier Safety
49 CFR Chapter III
[Docket No. OMCS-99-6386]
Motor Carrier Safety Regulations
AGENCY: Office of Motor Carrier Safety (OMCS), DOT.
ACTION: Final rule.
SUMMARY: This document amends the heading for chapter III concerning
motor carrier safety regulations. On October 9, 1999, the Secretary of
Transportation (Secretary) rescinded the authority previously delegated
to the Federal Highway Administrator to perform motor carrier functions
and operations, and redelegated that authority to the Director, Office
of Motor Carrier Safety, a new office within the Department of
Transportation (Department). The title of chapter III is therefore
being changed from ``Federal Highway Administration, Department of
Transportation'' to ``Office of Motor Carrier Safety, Department of
Transportation'' to reflect the organizational changes.
EFFECTIVE DATE: This final rule is effective October 29, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Neill L. Thomas, Office of Motor
Carrier Safety, HMCS-10, (202) 366-4009; or Mr. Charles Medalen, Office
of the Chief Counsel, HCC-20, (202) 366-1354, Federal Highway
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590.
An electronic copy of this document may be downloaded by using a
computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at: http://www.nara.gov/fedreg and the Government Printing
Office's database at: http://www.access.gpo.gov/nara.
Section 338 of the FY 2000 Department of Transportation and Related
Agencies Appropriations Act [Public Law 106-69, 113 Stat. 986, at 1022
(October 9, 1999)] prohibits the expenditure of any funds appropriated
by that Act ``to carry out the functions and operations of the Office
of Motor Carriers within the Federal Highway Administration'' (FHWA).
Section 338 further provides that, if the authority of the Secretary on
which the functions and operations of the Office of Motor Carriers are
based is redelegated outside the FHWA, the funds available to that
office under the Act may be transferred and expended to support its
functions and operations.
The Secretary has rescinded the authority previously delegated to
the FHWA to carry out motor carrier functions and operations. This
authority has been redelegated to the Director, Office of Motor Carrier
Safety, a new office within the Department [64 FR 56270, October 19,
The new OMCS includes the following headquarters offices of the
FHWA's former Office of Motor Carrier and Highway Safety (OMCHS): the
Office of Motor Carrier Research and Standards, the Office of Data
Analysis and Information Systems, the Office of Motor Carrier
Enforcement, the Office of Policy and Program Management, the Office of
National and International Safety Programs, the Office of Technology
Evaluation and Deployment, and the Office of Program Evaluation.
However, the Office of Highway Safety Infrastructure remains part of
the FHWA. In addition, the motor carrier functions of the FHWA's
Resource Centers and Division (i.e., State) Offices have been
transferred to OMCS Resource Centers and OMCS Division Offices,
respectively. Rulemaking, enforcement, and other activities of the
OMCHS while part of the FHWA will be continued by the new OMCS. The
redelegation will cause no changes in the motor carrier functions and
operations of the offices or resource centers listed above. For the
time being, all phone numbers and addresses are unchanged.
The heading for 49 CFR chapter III is changed to read ``Chapter
III--Office of Motor Carrier Safety, Department of Transportation.''
This rule is being published as a final rule and made effective on
the date of publication in the Federal Register. As the rule relates to
Departmental organization, procedure, and practice, notice and comment
on it are unnecessary under 5 U.S.C. 553(b). This action makes no
substantive changes to the motor carrier safety regulations. It simply
provides a chapter heading change to 49 CFR chapter III. Therefore,
prior notice and opportunity to comment are unnecessary and good cause
exists to dispense with the 30-day delay in effective date requirement
so that the Office of Motor Carrier Safety may resume its rulemaking
In consideration of the foregoing and under the authority of 49
U.S.C. 301 and
322, Public Law 106-69, 113 Stat. 986, at 1022, and 49 CFR 1.73, the
heading for chapter III of title 49, Code of Federal Regulations, is
revised to read as follows:
CHAPTER III--OFFICE OF MOTOR CARRIER SAFETY, DEPARTMENT OF
Issued on: October 21, 1999.
Acting Director, Office of Motor Carrier Safety.
[FR Doc. 99-28177 Filed 10-28-99; 8:45 am]
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