Federal Motor Carrier Safety Regulations; Technical Amendments Publication: Federal Register Agency: Federal Highway Administration Byline: Theodore A. McConnell Date: 29 September 1994 Subject: American Government • Safety

[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24079]


[[Page Unknown]]

[Federal Register: September 29, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 382 and 391

RIN 2125-AA79, 2125-AC85, 2125-AD06, 2125-AC81

 

Federal Motor Carrier Safety Regulations; Technical Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document makes technical amendments to indicate that the 
Office of Management and Budget (OMB) has approved the recordkeeping 
requirements in the final rules for controlled substances and alcohol 
use and testing.

EFFECTIVE DATE: September 29, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Rombro, Office of Motor 
Carrier Standards, (202) 366-5615, or Mr. David Sett, Office of Chief 
Counsel, (202) 366-1392, Federal Highway Administration, 400 Seventh 
Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 
4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On December 23, 1993, and February 15, 1994, 
the FHWA published final rules on controlled substances and alcohol use 
and testing of commercial motor vehicle drivers (58 FR 68220 and 59 FR 
7484). This document makes technical amendments to parts 382 and 391 to 
indicate that the Office of Management and Budget has approved the 
recordkeeping requirements of these final rules.

Rulemaking Analyses and Notices

    Because this final rule simply provides notice to the public that 
the OMB has approved the information collection requirements of two 
FHWA rulemakings and does not change these rules in any way, the FHWA 
believes that prior notice and opportunity for comment are unnecessary 
under 5 U.S.C. 553(b)(3)(B), and that good cause exists to dispense 
with the 30-day delay in effective date ordinarily required under 5 
U.S.C. 553(d). In this purely technical action, the FHWA is not 
exercising discretion in a way that could be meaningfully affected by 
public comment.
    In addition, due to the technical nature of this final rule, the 
FHWA has determined that prior notice and opportunity for comment are 
not required under the Department of Transportation's regulatory 
policies and procedures, as it is not anticipated that such action 
would result in the receipt of useful information. Therefore, the FHWA 
is proceeding directly to a final rule which is effective upon its date 
of publication.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this regulatory action is not 
significant under Executive Order 12866 or the regulatory policies and 
procedures of the DOT. This rulemaking action does not impose any new 
requirements; it merely provides notice of OMB acceptance of the 
paperwork requirements of previously published rules. Because it does 
not amend these rules in any way, this rule will not have any economic 
impact. Therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
162), the FHWA has evaluated the effects of this rule on small 
entities. The FHWA believes that this rule, in simply technically 
amending the FMCSRs, would not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    The FHWA has analyzed this action in accordance with the principles 
and criteria contained in Executive Order 12612, and certifies that 
this action does not have sufficient federalism implications to warrant 
the preparation of a separate federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This technical amendment provides information collection numbers 
approved by the Office of Management and Budget for purposes of the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501-3520. In Secs. 382.101 
and 391.87, the OMB has assigned control number 2125-0543, which 
expires on March 1, 1997.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Parts 382 and 391

    Alcohol testing, Controlled substances testing, Highways and roads, 
Motor carriers, Motor vehicle safety.

    Issued on: September 23, 1994.
Theodore A. McConnell,
Chief Counsel.

    In consideration of the foregoing, the FHWA hereby amends title 49, 
Code of Federal Regulations, chapter III, subchapter B, as set forth 
below.

PART 382--[AMENDED]

    1. The authority citation for part 382 is revised to read as 
follows:

    Authority: 49 U.S.C. 31136 and 31302 et seq.; 49 U.S.C. 31502; 
49 CFR 1.48.


Sec. 382.101  [Amended]

    2. Section 382.101 is amended by adding the following parenthetical 
language at the end of the section to read as follows:

(Approved by the Office of Management and Budget under control 
number 2125-0543)

PART 391--[AMENDED]

    3. The authority citation for part 391 is revised to read as 
follows:

    Authority: 49 U.S.C. 504, 31136, and 31502; 49 CFR 1.48.


Sec. 391.87  [Amended]

    4. Section 391.87 is amended by adding the following parenthetical 
language at the end of the section to read as follows:

(Approved by the Office of Management and Budget under control 
number 2125-0543)

[FR Doc. 94-24079 Filed 9-28-94; 8:45 am]
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