[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]
BILLING CODE 4910-22-P
