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									                   Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations                                                  35287

41 CFR Part 51–10                                       Dated: May 30, 2000.                                  5467 (formerly Docket No. FHWA–99–
  Administrative practice and                         Leon A. Wilson, Jr.,                                    5467)] (64 FR 44460, August 16, 1999).
procedure, Civil rights, Equal                        Executive Director.                                     EFFECTIVE DATE: July 3, 2000.
employment opportunity, Federal                       [FR Doc. 00–13859 Filed 6–1–00; 8:45 am]                FOR FURTHER INFORMATION CONTACT: Ms.
buildings and facilities, Handicapped.                BILLING CODE 6353–01–P                                  Deborah M. Freund, Office of Bus and
  For the reasons set out in the                                                                              Truck Operations, Routing Code MC–
preamble, Parts 51–8, 51–9 and 51–10 of                                                                       PSV, (202) 366–4009; or Mr. Charles E.
Title 41, Chapter 51 of the Code of                   DEPARTMENT OF TRANSPORTATION                            Medalen, Office of the Chief Counsel,
Federal Regulations are amended as                                                                            HCC–20, (202) 366–1354, Federal
follows:                                              Federal Motor Carrier Safety                            Highway Administration, 400 Seventh
                                                      Administration                                          Street, SW., Washington, DC 20590.
PART 51–8—PUBLIC AVAILABILITY                                                                                 Office hours are from 7:45 a.m. to 4:15
OF AGENCY MATERIALS                                   49 CFR Parts 385 and 390                                p.m., e.t., Monday through Friday,
                                                      [Docket No. FMCSA–98–3947 (Formerly                     except Federal holidays.
  1. The authority citation for Part 51–
                                                      Docket No. FHWA–98–3947)]                               SUPPLEMENTARY INFORMATION:
8 continues to read as follows:
  Authority: 5 U.S.C. 552.                            RIN 2126–AA14 (Formerly 2125–AD49)                      Electronic Access
                                                      Federal Motor Carrier Safety                              Internet users may access all
§§ 51–8.4 and 51–8.5     [Amended]
                                                      Regulations; General; Commercial                        comments received by the U.S. DOT
  2. Remove the words ‘‘Crystal                                                                               Dockets, Room PL–401, by using the
                                                      Motor Vehicle Marking
Gateway 3, Suite 310, 1215 Jefferson                                                                          universal resource locator (URL):http://
Davis Highway, Arlington, Virginia                    AGENCY: Federal Motor Carrier Safety                    dms.dot.gov. It is available 24 hours
22202–4302’’ and add, in their place,                 Administration (FMCSA), DOT.                            each day, 365 days each year. Please
the words ‘‘Jefferson Plaza 2, Suite                  ACTION: Final rule.                                     follow the instructions online for more
10800, 1421 Jefferson Davis Highway,                                                                          information and help.
Arlington, Virginia 22202–3259’’ in the               SUMMARY: The FMCSA is revising its                        An electronic copy of this document
following places:                                     requirements concerning the marking of                  may be downloaded by using a
  a. Section 51–8.4; and                              commercial motor vehicles (CMVs) and                    computer, modem and suitable
  b. Section 51–8.5(a).                               for the submission of a Motor Carrier                   communication software from the
                                                      Identification Report (Form MCS–150)                    Government Printing Offices’s
PART 51–9—PRIVACY ACT RULES                           to the agency. The FMCSA is                             Electronic Bulletin Board Service at
  3. The authority citation for Part 51–              eliminating the marking regulations of                  (202) 512–1661. Internet users may
9 continues to read as follows:                       the former Interstate Commerce                          reach the Office of Federal Register’s
                                                      Commission (ICC), and requiring motor                   home page at: http://www.nara.gov/
  Authority: 5 U.S.C. 552a.                           carriers to apply markings that conform                 fedreg and the Government Printing
§§ 51–9.401 and 51–9.405      [Amended]               to the requirements of this final rule.                 Office’s web page at: http://
                                                      The agency is also amending its marking                 www.access.gpo.gov/nara.
  4. Remove the words ‘‘Crystal
                                                      requirements to require that CMVs be
Gateway 3, Suite 310, 1215 Jefferson                                                                          Background
                                                      marked with the legal name of the
Davis Highway, Arlington, Virginia
                                                      business entity that owns or controls the                  On January 28, 1992, the FHWA
22202–4302’’ and add, in their place,
                                                      motor carrier operation, or the ‘‘doing                 published a final rule (57 FR 3142)
the words ‘‘Jefferson Plaza 2, Suite
                                                      business as’’ (DBA) name, as it appears                 which required interstate motor carriers
10800, 1421 Jefferson Davis Highway,
                                                      on the Form MCS–150. Motor carriers                     to mark their interstate CMVs with
Arlington, Virginia 22202–3259’’ in the
                                                      will be allowed two years to comply                     specific information, including the
following places:
                                                      with the requirement to affix the                       USDOT number (see 49 CFR 390.21).
  a. Section 51–9.401(a); and
                                                      USDOT number to both sides of their                     The final rule, however, provided an
  b. Section 51–9.405(a).
                                                      CMVs, and five years to comply with                     exception for motor carriers authorized
PART 51–10—ENFORCEMENT OF                             the additional requirements to display                  by the former ICC to conduct operations
NONDISCRIMINATION ON THE BASIS                        the legal name or a single trade name on                as a for-hire motor carrier. These motor
OF HANDICAP IN PROGRAMS OR                            the CMVs currently in their fleet. The                  carriers were required to comply only
ACTIVITIES CONDUCTED BY THE                           FMCSA is redesignating the regulation                   with the marking provisions in former
COMMITTEE FOR PURCHASE FROM                           that requires motor carriers to submit                  49 CFR part 1058, now redesignated as
PEOPLE WHO ARE BLIND OR                               the Form MCS–150, and requiring that                    49 CFR 390.401, 390.403, 390.405, and
SEVERELY DISABLED                                     all new interstate motor carriers submit                390.407 (61 FR 54706, 54710, October
                                                      a Form MCS–150 to the FMCSA before                      21, 1996).
  5. The authority citation for Part 51–              (rather than within 90 days after)                         The ICC Termination Act of 1995
10 continues to read as follows:                      commencing operations. These                            (ICCTA) (Pub. L. 104–88, 109 Stat. 803)
  Authority: 29 U.S.C. 794.                           revisions are intended to enhance the                   was enacted on December 29, 1995, and
                                                      ability of the FMCSA, the States, and                   became effective on January 1, 1996.
§ 51–10.170   [Amended]                               the general public to identify motor                    The ICCTA abolished the ICC, amended
  6. In § 51–10.170(c), remove the                    carriers. The FMCSA also revises the                    subtitle IV of title 49, United States
words ‘‘Crystal Gateway 3, Suite 310,                 listing for locations of motor carrier                  Code, reformed the economic regulation
1215 Jefferson Davis Highway,                         safety Service Centers to reflect recent                of transportation, and transferred the
Arlington, Virginia 22202–4302’’ and                  changes to the agency organizational                    assets, personnel, and many of the
add, in their place, the words ‘‘Jefferson            structure. They were originally included                duties and functions of the ICC to the
Plaza 2, Suite 10800, 1421 Jefferson                  in the NPRM concerning safety fitness                   Secretary of Transportation (Secretary).
Davis Highway, Arlington, Virginia                    procedures [RIN 2126–AA42, formerly                        On June 16, 1998, the FHWA
22202–3259’’.                                         RIN 2125–AE56, Docket No. OMCS–99–                      published a notice of proposed


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35288             Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

rulemaking (NPRM) (63 FR 32801) to                   of New York Department of                                  On August 26, 1996, the agency
amend its regulations concerning the                 Transportation; Peninsula Transport,                    published an advance notice of
marking of CMVs and the submission of                Inc., and an additional 167 motor                       proposed rulemaking (ANPRM) on the
the Form MCS–150. The agency                         carriers. The following is a summary of                 Motor Carrier Replacement Information/
proposed (1) To eliminate the marking                the comments on some of the key items                   Registration System which posed
regulations of the former ICC and to                 addressed in the notice.                                several questions and requested
require motor carriers to replace the                                                                        comments on all of these issues raised
vehicle markings specified by those                  Relationship to Unified Motor Carrier                   by the commenters.
requirements with markings that                      Registration System Rulemaking                             The FMCSA agrees there are items
conform to 49 CFR 390.21; (2) to amend                  Although most commenters did not                     proposed in the Commercial Motor
its current rule to require that CMVs be             oppose in principle the FMCSA’s                         Vehicle Marking NPRM that are related
marked with the legal name of the                    proposal to require self-propelled CMVs                 to the Registration rulemaking.
business entity that owns or controls the            to be marked with a USDOT number,                       However, the FMCSA considers the
motor carrier operation, or the ‘‘doing              several of them, including the ATA,                     requirement to mark a CMV with the
business as’’ name, and the city and                 UPS, and the Distribution & LTL                         USDOT number as a vehicle
State for the principal place of business            Carriers Association, recommended that                  identification issue, not a registration
as they appear on the Form MCS–150;                  the FMCSA delay this rulemaking                         issue. Therefore, the FMCSA will move
(3) to allow motor carriers two years to             pending the implementation of the                       forward with its requirement to mark
comply with the marking requirement                  congressionally mandated Unified                        CMVs with the USDOT number
(i.e., to display the USDOT number on                Motor Carrier Registration System                       assigned to each motor carrier.
both sides of their self-propelled CMVs),            (Unified System). The Unified System is                    The filing of the Form MCS–150 is not
and five years to comply with the                    intended to provide a comprehensive                     considered a registration issue in the
additional requirements to display the               foundation for registration, insurance,                 context of the Motor Carrier
address of the principal place of                    and safety information. The commenters                  Replacement Information/Registration
business and the legal name, or a single             asserted that the Unified System would                  System because the agency is not
trade name; (4) to amend the regulations             help solve many of the problems                         changing the applicability of the
to require all new interstate motor                  mentioned in the NPRM, including                        regulation, only the time the document
carriers submit a Form MCS–150 to the                matching the motor carrier (MC) and                     must be filed. The current requirement
FMCSA before (rather than within 90                  USDOT numbers. Commenters also                          allows a new motor carrier to file the
days after) commencing operations; and               suggest that the Unified System could                   Form MCS-150 within 90 days after
(5) to move the regulations that require             be designed to include all of a motor                   beginning operations. The FMCSA
motor carriers to submit the Form MCS–                                                                       believes it is important that CMVs be
                                                     carrier’s DBA names and other
150 from 49 CFR part 385 to part 390.                                                                        properly marked before they are placed
                                                     identifying information.
                                                                                                             into service on the highway. Such
Discussion of Comments to the NPRM                      The New York State DOT notes that                    markings will assist State officials
   The FMCSA received 196 comments                   it is participating in discussions with                 conducting roadside inspections and
in response to the NPRM.                             the U.S. DOT and others concerning the                  accident investigations in attributing
   The commenters were: the American                 consolidation of the Unified System and                 important safety data to the correct
Trucking Associations (ATA) ; the New                the Single State Registration System                    motor carrier. It will also ensure the
York State Motor Truck Association Inc.              (SSRS). New York believes there is                      public has an effective means to identify
(NYSMTA); the National Automobile                    conceptual agreement among the                          motor carriers operating in an unsafe
Dealers Association (NADA); the                      majority of SSRS States concerning                      manner.
National Automobile Transporters                     assignment of USDOT numbers for both                       The FMCSA has streamlined the
Association (NATA); Bonanza Bus                      interstate and intrastate motor carriers,               process for filing the Form MCS–150 by
Lines; Yellow Corporation; the                       and asks that the FMCSA’s regulation                    making it available on the Internet.
Association of Waste Hazardous                       facilitate this approach. The Illinois                  Motor carriers seeking a copy of Form
Materials Transporters (AWHMT); ATC                  State Police believes that many States                  MCS–150 may obtain it from the
Leasing Company; the New Jersey Motor                already have the infrastructure in place                Internet through the Federal Motor
Truck Association; the Iowa Department               to support a national motor carrier                     Carrier Safety Administration web page
of Transportation; United Parcel Service             identification system.                                  at: http://www.mcs.dot.gov/factsfigs/
(UPS); the Missouri Division of Motor                   The NASTC categorically opposes the                  formspubs.htm under ‘‘DOT Number—
Carrier and Railroad Safety (Missouri                NPRM, believing that the MC number is                   Application Form.’’ Motor carriers may
DMCRS); Consolidated Freightways                     necessary for State and Federal officials,              download the Form MCS–150, complete
(CF); the South Carolina Trucking                    and the traveling public, to distinguish                it, and submit it by mail or by facsimile.
Association, Inc.; GROWMARK, Inc.;                   for-hire from private motor carriers.                   Motor carriers may also obtain copies of
the Truck Renting and Leasing                                                                                the form from any of the four FMCSA
                                                     FMCSA Response
Association (TRALA); the Georgia                                                                             Service Centers or the fifty-two Division
Public Service Commission;                              Section 103 of the ICCTA, which,                     Offices. A for-hire motor carrier should
Distribution & LTL Carriers Association;             among other things, added 49 U.S.C.                     submit the Form MCS–150 along with
the National Private Truck Council                   13908, required the Secretary to initiate               its application for operating authority
(NPTC); J.B. Hunt; ConAgra Inc.; North               a rulemaking proceeding to replace the                  (Form OP–1) to the appropriate address
American Van Lines, Inc. (NAVL); the                 current Department of Transportation                    referenced on that form or may submit
Truckload Carriers Association (TCA);                identification number system, the SSRS                  it separately to the address mentioned
the National Association of Small                    under 49 U.S.C. 14504, the registration/                on the web page.
Trucking Companies (NASTC); the                      licensing system contained in 49 U.S.C.                    The FMCSA has also made a
Illinois State Police; the Colorado                  13901–13905, and the financial                          determination that the USDOT number
Department of Public Safety; Roadway                 responsibility information system under                 will be the number used to identify all
Express; the American Moving and                     49 U.S.C. 13906 with a single, online                   motor carriers in the information/
Storage Association (AMSA); the State                Federal system.                                         registration system of the future.


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                   Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations                                                  35289

Currently, all interstate motor carriers              Principal Place of Business Address                     DOT, and AWHMT have suggested the
(both for-hire and private) are assigned                With regard to the proposed language                  FMCSA require motor carriers to
USDOT numbers. Also, several States                   concerning the requirement for motor                    periodically update the information
require intrastate motor carriers to                  carriers to display only the location of                contained on the MCS–150. They say
complete Form MCS–150 and obtain a                    their principal place of business, the                  the information initially reported on the
USDOT identification number. These                                                                            Form MCS–150 may change over time.
                                                      ATA, the NPTC, UPS, CF, Roadway
motor carriers are listed in the Motor                                                                        Inasmuch as the FMCSA uses this
                                                      Express, Yellow Corporation, NAVL, the
Carrier Management Information System                                                                         information to calculate a motor
                                                      Georgia Public Service Commission, and
(MCMIS) as intrastate-only carriers. The                                                                      carrier’s accident rate for safety rating
                                                      a number of other motor carriers and
addition of these motor carriers to the                                                                       purposes, the commenters believe the
                                                      associations strongly oppose any change
MCMIS enables the States to work                                                                              FMCSA has a vested interest in
                                                      to the existing regulation. Most argue
together in determining the number of                                                                         requiring a periodic update of Form
                                                      that the principal place of business
active motor carriers operating in the                                                                        MCS–150 to ensure the integrity of the
                                                      address, being the third way to identify
United States, and to monitor the safety                                                                      data.
                                                      the motor carrier (after the USDOT
performance of the motor carriers.                    number and the single trade name), does                 FMCSA Response
  Another reason to use the USDOT                     not help much if the first two are correct                The 1996 ANPRM on the unified
number as the key identifier for all                  or incorrect. While most commenters                     information/registration system (61 FR
motor carriers is the role that it plays in           agree that some type of number is                       43816) addresses this issue. One of the
the Performance and Registration                      needed to help match safety records,                    questions included there was the same
Information Systems Management                        they don’t believe that the address of the              as that asked by the AWHMT, the ATA,
(PRISM) project. The PRISM project is a               principal place of business provides the                and the New York DOT.
cooperative Federal/State program that                same benefit. They believe the cost to                    Section 217 of the Motor Carrier
makes motor carrier safety a                          the motor carrier to accomplish the                     Safety Improvement Act of 1999
requirement for obtaining and keeping                 change definitely outweighs any                         requires the FMCSA to require motor
commercial motor vehicle registration                 perceived advantage.                                    carriers to periodically update the
privileges. The performance of unsafe                   The New York State DOT opposes the                    information they provide in the form
motor carriers is improved through a                  proposal because it believes that motor                 MCS–150. An initial update is required
program of progressively more stringent               carriers would be prohibited from                       by December 2000. Periodic updates
sanctions leading to a possible Federal               displaying the location where a CMV is                  would be required not more frequently
operations out-of-service order and                   customarily based. The agency cited an                  than once every two years. The FMCSA
suspension of their State issued vehicle              example of a motor carrier of passengers                will address this provision in a separate
registration privileges. The vehicle                  that has acquired various New York                      rulemaking action.
registration records contain the USDOT                based carriers. New York prefers to
number as a unique identifier of the                  retain the location identification to aid               Marking of Foreign and Intrastate Motor
motor carrier responsible for the safety              them in tracking the performance of the                 Carriers’ Power Units
of the CMVs.                                          individual subsidiaries.                                   The AWHMT requested that the
Single Trade Name                                                                                             FMCSA consider if there is a potential
                                                      FMCSA Response
                                                                                                              for reciprocity between the CMV
  ConAgra, Inc., the ATA, the TCA,                       The FMCSA agrees with the                            marking requirements of Canada and
NAVL, and other commenters oppose                     commenters; the motor carrier name and                  Mexico and those currently contained in
the single trade name proposal and                    the unique USDOT number should be                       and proposed for the FMCSRs.
believe the FMCSA should allow small                  sufficient to properly identify the motor                  UPS commented that motor carriers
subsidiaries and divisions of large                   carrier. The FMCSA does not believe it                  subject to the FMCSA’s regulations that
national carriers to maintain their own               is necessary to include in the final rule               operate portions of their fleets within
identities. They contend that local                   the requirement to display the city and                 single jurisdictions are subject to the
operations of national carriers want to               State. As UPS noted, unless there is an                 additional marking requirements of
maintain the connection to the local                  error in the collection of the original                 those jurisdictions. For example, State
communities they served over the years.               data, there should be no instance in                    Public Utilities Commissions often
They claim that limiting carriers to a                which two motor carriers have both the                  impose their own marking
single trade name will dramatically                   same name and the same USDOT                            requirements. UPS stated that it, as well
impact a number of large carriers in                  number. The use of an address does not                  as other motor carriers and the ATA,
ways that the FMCSA may not have                      ensure the accurate collection of data                  had filed comments in Docket MC 96–
fully considered.                                     and imposes an additional and                           25 [Motor Carrier Replacement
FMCSA Response                                        unjustified burden on the industry.                     Information/Registration System, now
                                                         As for the comments of the New York                  DOT Docket 1997–2349] recommending
  The FMCSA agrees with the                           State DOT, the final rule does not                      that the USDOT’s marking requirements
commenters. The FMCSA will consider                   require motor carriers to mark their                    be the sole method to identify CMVs
requests for assignment of individual                 motor vehicles with the city and State,                 operated by motor carriers under the
USDOT numbers to corporate divisions                  but does not prohibit the practice either.              FMCSA’s jurisdiction.
on a case-by-case basis. While the                    The FMCSA believes that many motor                         The NYSMTA asked the FMCSA to
FMCSA does not wish to limit an                       carriers will continue to display the city              consider preempting the marking
organization’s flexibility, or its ability to         and State for marketing purposes and to                 requirements of State or local
promote a trade name, we nevertheless                 maintain a connection to the local                      jurisdictions for vehicles bearing
must consider whether the assignment                  communities they serve.                                 USDOT numbers that are not domiciled
of multiple USDOT numbers to a single                                                                         within that jurisdiction. The NYSMTA
corporate entity will compromise the                  Periodic Update of the Form MCS–150                     noted that a city requires the marking of
integrity of the collection and                         The ATA, Distribution and LTL                         a street address. The Missouri DMCRS
processing of safety data.                            Carriers Association, New York State                    requested that States be allowed to


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35290             Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

continue to require display of additional            within 90 days of commencing                            Marking of Driveaway and Short-Term
information, such as the GVW or the                  operations. The NPRM proposed that all                  Rental Vehicles
GVWR, on power units that are                        new motor carriers submit a Form MCS–                     The ATC Leasing Company and the
registered solely for intrastate operation.          150 to the FMCSA before commencing                      NATA requested that the provisions of
   GROWMARK was concerned that                       operations. The NPRM also proposed                      § 390.407, which were written
States may require different timeframes              that all CMVs added to a motor carrier’s                specifically to recognize the unique
from the FMCSA for implementing a                    fleet on or after the effective date of the             operational needs of driveaway
marking requirement.                                 rule must display the motor carrier’s                   combinations, be left intact. These
   The AWHMT referenced the                          USDOT number before being put into                      commenters claim that the elimination
Hazardous Materials Transportation Act               service.                                                of this section would not provide any
(Public Law 101–615, 104 Stat. 3244,
                                                        The FMCSA received no adverse                        economic or safety benefit to the public,
November 16, 1990) safety permit
                                                     comments on this provision of the                       but would burden those carriers that
provisions, not yet implemented by the                                                                       operate driveaway combinations with
FMCSA. It asked if the FMCSA might                   NPRM. The final rule will implement it
                                                     as proposed.                                            unnecessary and costly duplication.
consider a requirement for displaying                                                                          UPS addressed the issue of marking
the USDOT number on the CMVs of                      Time to Comply With Regulations                         short-term rental CMVs. UPS noted,
motor carriers engaged in the                                                                                among other things, that § 390.21(e)
transportation of hazardous materials in               Commenters’ responses pertaining to                   does not require the use of a temporary
intrastate commerce as an initial step               the proposed length of time for motor                   identification device.
toward implementing the permit                       carriers to comply with the marking
system.                                              requirements (two years for the USDOT                   FMCSA Response
FMCSA Response                                       number and five years for the principal                    The FMCSA agrees with the
                                                     place of business and single trade name)                comments submitted by ATC Leasing
   Concerning reciprocal marking                     varied widely. Commenters suggested                     and the NATA on behalf of the
requirements among the United States,                phase-in periods that varied from two                   driveaway industry. The requirements
Canada, and Mexico, the general                                                                              of § 390.407 concerning removable
                                                     years for some of the smaller motor
requirements contained in § 390.21 have                                                                      devices are being retained and
                                                     carriers to seven years for those carriers
been in place since 1954 for for-hire                                                                        incorporated into § 390.21. The FMCSA
                                                     having large fleets. Some commenters
motor carriers operating in interstate                                                                       responds to UPS that the proposed
                                                     suggested the FMCSA consider a single
commerce. They have been in place                                                                            language for § 390.21(e) is substantially
                                                     date for motor carriers to meet all the
since 1988 for private motor carriers                                                                        identical to that of the current
operating in interstate commerce. No                 requirements. Yellow Corporation, for
                                                     example, suggested a conversion period                  § 390.23(e), except that the agency will
other commenters raised this issue, and                                                                      no longer require display of the lessor’s
the FMCSA is not aware that the                      of three years, claiming it would reduce
                                                     the overall costs to carriers and would                 city or community and State. Neither
provisions have caused compliance                                                                            the current nor the proposed regulation
difficulties for foreign-based motor                 provide adequate time for the training of
                                                                                                             require use of a temporary identification
carriers.                                            enforcement officials. Other
                                                                                                             device on short-term rental vehicles.
   Concerning the questions raised by                commenters, such as the NPTC and
the NYSMTA about a local jurisdiction’s              NAVL, contended that five years was a                   Contracts and Certificates of Insurance
requirement for listing a full street                more appropriate phase-in period                           The ATA, the NASTC, and
address, and the Missouri DMCSR’s                    because many fleets turn over their                     approximately 170 motor carriers
question about a State’s requirement for             equipment over that interval. They did                  commented that many of their written
the display of a GVW or GVWR on                      support the provision in the NPRM                       contracts and certificates of insurance
intrastate-only CMVs, any other                      requiring vehicles added to a fleet be                  made available to the shipping public
identifying information may continue to              marked with the USDOT number when                       identify them by their MC number. They
be displayed, as long as it is not                   placed into service.                                    contend the FMCSA has not estimated
inconsistent with other § 390.21                                                                             the cost to the shipper and broker
                                                     FMCSA Response
requirements. Responding to                                                                                  community of changing existing
GROWMARK’s comment, the marking                         The FMCSA has decided to proceed                     contracts to use a new system so that
requirement proposed will apply only to              with the original time frames outlined                  each motor carrier can be identified by
motor carriers operating in interstate               in the NPRM. The final rule requires the                a USDOT number. They also believe it
commerce. The FMCSA anticipates that                 motor carrier to display its USDOT                      is important for public warehousing
States would allow these motor carriers              number within two years of the effective                purposes that the existing ‘‘MC number’’
the phase-in period established in this              date of this rule and its single trade                  in their contract appear on the door of
rulemaking action.                                   name or DBA name within five years on                   the equipment making pickups. This
   Finally, concerning the AWHMT’s                   CMVs that are currently in service. All                 allows verification that the freight is
comment concerning the potential for                 new CMVs entering the fleet must meet                   being tendered to the properly licensed
issuing USDOT numbers to intrastate                  all the marking requirements before                     and insured motor carrier with whom a
motor carriers transporting hazardous                being put into service. The FMCSA                       contract was signed. The majority of the
materials, the agency is continuing to               believes that these time frames will                    motor carriers commenting suggested
address permitting in a separate                     allow motor carriers to meet the                        the FMCSA allow ‘‘for hire’’ carriers to
rulemaking action.                                   marking requirements without creating                   continue to use the MC number as a
                                                     either an administrative or economic                    primary identifier for all aspects of their
Submittal of MCS–150 and Display of
                                                                                                             operation and let the private carriers
USDOT Number Upon Commencing                         hardship.
                                                                                                             continue to use the USDOT number.
Operations                                              As stated previously, the FMCSA will
  The FMCSA’s current regulation                     eliminate the requirement for motor                     FMCSA Response
requires that all new motor carriers                 carriers to display the city and State on                There is no Federal requirement that
submit a Form MCS–150 to the agency                  the side of their vehicles.                             motor carriers display their MC number


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                  Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations                                                  35291

on contracts or certificates of insurance.           MCMIS Census database to issue                          maintain intermodal container chassis
This practice was developed by the                   USDOT numbers to interstate carriers.                   and that the parties who do have the
motor carrier industry for its own                   As part of the project, prior to the                    opportunity often fail to do so. The
purposes and may be continued if the                 issuance of International Registration                  FMCSA agreed to consider revisions to
industry chooses. The regulation                     Plan (IRP) documents, the entity                        the requirements in parts 390 and 396
requires motor carriers to display the               registering vehicles is required to have                of the Federal Motor Carrier Safety
USDOT number on both sides of their                  a USDOT number and each vehicle                         Regulations (FMCSRs) that place upon
power units. It does not require motor               must have a USDOT number assigned to                    motor carriers the responsibility for
carriers to remove the MC number,                    it. If a carrier does not have a USDOT                  maintaining this equipment. As part of
although they are encouraged to refrain              number at the time of registration, a                   this process, the FMCSA held three
from displaying the MC number on new                 Form MCS–150 must be provided so                        public hearings in late 1999 to gather
or repainted CMVs once the rule                      that the State can issue the USDOT                      information on the extent of this
becomes final.                                       number necessary to complete the                        problem and to receive feedback on the
   The FMCSA’s use of the USDOT                      vehicle registration process.                           solution proposed by petitioners, i.e., to
number for CMV identification is                        The FMCSA has given the States an                    mandate joint responsibility between
premised upon its use in a safety                    option to issue USDOT numbers to their                  the ‘‘equipment provider’’ and the
context. The MC number is used by the                intrastate carriers. Currently, 11 States               motor carrier for maintaining this type
FMCSA, process agents, and insurance                 are adding the Form MCS–150                             of intermodal equipment. The FMCSA
companies to track the process of a for-             information for these carriers                          will decide these issues and others
hire motor carrier’s application for                 individually through direct access to the               raised by the commenters in the
registration, status of insurance, and               MCMIS Census database. The system                       rulemaking involving intermodal
other requirements. The FMCSA’s                      issues a USDOT number as each carrier                   containers, chassis and trailers.
MCMIS includes both the MC and                       is entered into the database.                           Accordingly, comments of the South
USDOT numbers, as do many other                         New York already has existing                        Carolina Trucking Association and the
records used by motor carriers. Shippers             databases on their intrastate carriers and              New Jersey Motor Truck Association
and others can verify the identification             has requested that the FMCSA develop                    will be submitted to that docket for
of a for-hire motor carrier with the                 a process for the batch issuance of                     consideration.
FMCSA online, or via telephone, using                USDOT numbers. The FMCSA has                               With respect to Bonanza Bus Lines’
either number. Motor carriers should                 developed procedures necessary to                       comment, the NPRM did not consider
also make their clients aware of the                 support this process and expects to                     marking of CMVs other than power
change in the regulations. Taken                     begin pilot testing by mid-2000. The                    units; extending its provisions to cover
together, these measures should aid                  agency anticipates that the first test                  them would be beyond the scope of this
them in verifying that the freight is                State will be New York and that the                     rulemaking. The ICC first required self-
being tendered to the properly licensed              pilot test will last for several months.                propelled CMVs to be marked in 1954.
and insured motor carrier with whom a                Assuming the pilot test is successful,                  The agency has undertaken several
contract was signed.                                 other interested States will then be able               rulemakings concerning CMV marking
                                                     to use this process.                                    in the last 12 years. Although the agency
States Assigning USDOT Numbers
                                                                                                             has occasionally received
  The New York and the Iowa                          Marking of Intermodal Container                         correspondence concerning marking of
Departments of Transportation both                   Chassis and Trailers                                    trailers, the FMCSA does not believe
commented on the States’ issuance of                    The South Carolina Trucking                          this additional marking is necessary.
interstate and intrastate USDOT                      Association and the New Jersey Motor
numbers. Each State supports the use of              Truck Association requested the                         Marking of Small For-Hire Passenger
the USDOT number as the unique                       FMCSA to define an intermodal                           Vehicles
identifier essential for tracking motor              container chassis as a CMV and its                        The Georgia Public Service
carrier safety performance data. In                  owner as a motor carrier engaged in                     Commission requested the FMCSA to
addition, both States wanted the final               interstate commerce. They believe that                  clarify the marking requirements
rule to make perfectly clear that States             intermodal chassis equipment is unique                  applicable to smaller for-hire passenger
can issue USDOT numbers to both                      enough to require the owners to display                 vehicles (designed to transport 7 to 15
interstate and intrastate motor carriers.            their own USDOT number, and that this                   passengers) that are subject to the
New York recommended the FMCSA                       requirement would go a long way                         FMCSA’s registration requirements, but
provide batch filing to the States to                towards establishing responsibility for                 not to the remainder of the FMCSRs.
convert intrastate carriers to a USDOT               the care, maintenance, and condition of                 FMCSA Response
numbering system (using a unique State               chassis equipment.
suffix). The NYDOT argued that the                      Bonanza Bus Lines recommends that                       On September 3, 1999, the agency
present system is too cumbersome and                 all trailers display a USDOT number on                  published an NPRM (64 FR 48518)
time consuming; it would take five years             both sides and on the rear.                             concerning the applicability of specific
to convert all the intrastate carriers in                                                                    provisions of the FMCSRs to this class
                                                     FMCSA Response                                          of passenger vehicles. That action
New York to the USDOT number using
the current mechanisms. New York says                  Maintenance of intermodal container                   responded to congressional direction
batch processing is an absolute must                 chassis and trailers is being addressed                 contained in section 4008(a) of the
and the FMCSA should directly assist                 in a separate agency action, and will not               Transportation Equity Act of the 21st
the States in converting intrastate                  be addressed in this final rule. In                     Century (TEA–21) (Pub. L. 105–178, 112
carriers in as short a time frame as                 response to a petition filed by the ATA                 Stat. 107, June 9, 1999), which amended
possible.                                            and the ATA Intermodal Conference,                      the definition of the term ‘‘commercial
                                                     the agency published an ANPRM (64 FR                    motor vehicle’’ found at 49 U.S.C. 31132
FMCSA Response                                       7849, February 17, 1999). The                           to cover vehicles ‘‘designed or used to
  The States involved in the PRISM                   petitioners contended that motor                        transport more than 8 passengers
project have been given access to the                carriers have minimal opportunity to                    (including the driver) for


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35292                          Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

compensation.’’ Among other things, the                                     safety requirements of the FMCSRs.                               mark their CMVs with a ‘‘USDOT
September 3 NPRM proposed to require                                        Motor carriers who use their personal                            Number’’ and the legal name of the
that motor carriers operating CMVs                                          pick-ups for business purposes can affix                         business entity that owns or controls the
designed or used to transport between 9                                     temporary signs and remove them when                             motor carrier operation, or the ‘‘doing
and 15 passengers (including the driver)                                    necessary.                                                       business as’’ name, as they appear on
for compensation file a motor carrier                                       Vehicles Under Intermittent Lease and                            the Form MCS–150. Many carriers with
identification report and mark their                                        Short-Term Rental                                                authority from the former ICC already
CMVs with a USDOT number and other                                                                                                           include their legal, or DBA name, on the
identifying information (i.e., name or                                         The TRALA stated it supported the
                                                                            NPRM as written. The AMSA and                                    both sides of their vehicles.
trade name and address of the principal
place of business). In an interim final                                     NAVL requested the FMCSA to consider                                The vast majority of carriers will use
rule published that same day, the                                           adding a new, unique rule that would                             either stencils or decals for marking, as
agency amended the statutory definition                                     address the household goods,                                     these are the cheapest methods. The
of a CMV to be consistent with the                                          intermittent lease issue. The main focus                         FMCSA assumed that small carriers will
TEA–21 definition, but it exempted this                                     would mirror the concept adopted by                              use individual stencil kits, medium
class of motor carriers from the FMCSRs                                     the International Fuel Tax Agreement                             carriers will use larger kits, and large
for six months, to allow the FMCSA                                          (IFTA) in that a vehicle leased                                  carriers will use individually developed
time to gather additional information on                                    intermittently to a household goods                              decals. Price estimates are shown in
this population of carriers and to                                          carrier would be allowed to display both                         table 1. We assumed that changing a
complete the rulemaking action. The                                         the agent’s and the motor carrier’s                              name is 50 percent more expensive than
FMCSA is reviewing comments to that                                         marking information linked by the                                changing a DOT number.
docket and plans to issue a final rule in                                   phrase ‘‘Interleased to.’’
                                                                                                                                                The agency estimates that the average
the near future.                                                            FMCSA Response                                                   time to affix a DOT number would be
Marking of Pick-Up Trucks                                                     A special provision in the marking                             about 12 minutes. Adding a new name
                                                                            rule for the household goods industry is                         was also assumed to require 12 minutes.
   The Colorado Department of Public
                                                                            not necessary. If the industry wishes to                            Because this is a simple procedure,
Safety suggested the FMCSA adopt a
                                                                            display the household goods agent’s
rule that it has implemented. Many                                                                                                           we assumed that the marking would be
                                                                            name and authority number, in
pick-up trucks do not meet the                                                                                                               placed by class 3 mechanics, at an
                                                                            conjunction with the household goods
definition of a CMV except when                                             carrier’s name and USDOT number, the                             average cost of $15 per hour. Therefore,
pulling a trailer. Colorado allows the                                      FMCSA would not object. The rule                                 the labor cost is $3 to apply a DOT
trailer, instead of the power unit, to be                                   already allows for other identifying                             number and an additional $3 for a name
marked if the power unit has a GVWR                                         information to be displayed on the CMV                           change. Table 1 displays these figures,
of 10,000 pounds or less. This allows                                       as long as it is not inconsistent with the                       along with the total labor and material
some farmers, contractors, and small                                        information required in § 390.21.                                cost.
businesses to use their vehicles for
                                                                            FMCSA Estimates of the Costs and                                    The FMCSA has determined that the
personal conveyance, such as vacations
                                                                            Benefits                                                         opportunity cost of this rule is
and errands. Many homeowner
associations have covenants prohibiting                                                                                                      negligible or nonexistent, for two
                                                                              The FMCSA has completed a final                                reasons. First, vehicles will only be
commercial vehicles from parking in                                         regulatory evaluation (FRE) comparing
their residential areas. In many cases,                                                                                                      placed out of service for 12 to 36
                                                                            the projected safety benefits of a
this would include a pick-up subject to                                                                                                      minutes, which is too brief a period to
                                                                            retrofitting requirement to the potential
the present marking requirements in                                                                                                          have earned any measurable amount of
                                                                            economic impact on the motor carrier
§ 390.21.                                                                   industry. The following discussion                               revenue. Second, virtually all vehicles
                                                                            summarizes the FMCSA’s analysis. A                               would be available at no opportunity
FMCSA Response                                                                                                                               cost (in non-revenue producing service
                                                                            copy of the complete FRE is available
  The FMCSA believes that the power                                         for review in the docket.                                        and not being serviced) for 12 to 36
unit should carry the motor carrier                                                                                                          minutes sometime in the two-year
identification. The motor carrier                                           Cost                                                             phase-in period. Therefore, the FMCSA
continues to have the responsibility for                                      This rule would require all former ICC                         does not believe there is an opportunity
ensuring the trailer it accepts meets the                                   motor common and contract carriers to                            cost associated with this rule.

                                                         TABLE 1.—ESTIMATED COST OF MARKING, BY CARRIER SIZE
                                                                                                         Material cost, per vehicle           Labor cost, per vehicle          Total cost, per
                   Carrier size, by number of power units                                                                                                                         vehicle
                                                                                                         DOT number           Name         DOT number           Name

1–6 ...............................................................................................                   $8       $12                    $3                  $3              $26
7–20 .............................................................................................                     6         9                     3                   3               21
21–99 ...........................................................................................                      4         6                     3                   3               16
100–999 .......................................................................................                        2         3                     3                   3               11
1000+ ..........................................................................................                       1         1.50                  3                   3                9
Unspecified ..................................................................................                         6         9                     3                   3               21



  There are 75,737 carriers with                                            the number of vehicles operated per                              information on the number of power
authority from the former ICC, but the                                      carrier. However, FMCSA’s MCMIS has                              units per carrier.
ICC did not collect information about



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  Table 2 shows how the agency                                               number of power units from MCMIS.                                    the former ICC. The last column shows
estimated the number of power units                                          The term ‘‘unspecified’’ means that the                              the estimated number of power units in
per carrier size class. We applied the                                       FMCSA has no information on the                                      each size class. We assumed that
MCMIS distribution of carriers by size                                       number of vehicles operated by the                                   unspecified carriers have at least three
to the 75,737 carriers registered by the                                     motor carrier. The third column from                                 vehicles, since the FMCSA tends to
former ICC. The first column shows the                                       the left shows the assumed number of                                 have the least information about the
breakdown of for-hire carriers by                                            carriers in each size group regulated by                             smaller carriers.

  TABLE 2.—ESTIMATED NUMBER OF FOR-HIRE CARRIERS AND VEHICLES REGULATED BY THE FORMER ICC, BY CARRIER
                                                 SIZE
                                                                                                                                                            Estimated number        Estimated number
                                                                                                                                  Percent of MCMIS           of carriers regu-       of vehicles regu-
                                       Carriers by number of vehicles                                                                  carriers              lated by former          lated by former
                                                                                                                                                                   ICC                      ICC

1–6 ...........................................................................................................................                   55.2                 41,800                  87,665
7–20 .........................................................................................................................                    10.1                  7,624                  88,109
21–99 .......................................................................................................................                      5                    3,772                 158,033
100+ .........................................................................................................................                     1                      778                 323,636
Unspecified ..............................................................................................................                        28.7                 21,763                  65,289

          Total ..............................................................................................................                   100                   75,737                 722,732



   Motor carriers are currently required                                     USDOT number, while 80 percent                                       discount rate and assuming that 1/x of
to place either the MC or the USDOT                                          already display their legal, or DBA,                                 all vehicles are marked each year (where
number on their vehicles. In addition,                                       names. Therefore, the FMCSA estimates                                x equals the phase-in period—two years
the majority of carriers already display                                     that 90 percent of eligible carriers or                              to comply with the requirement to affix
either their legal names or their DBA                                        650,458 vehicles will require a new                                  the USDOT number to both sides of
names. We were unable to locate any                                          DOT number (.9 × 722,732), and 20                                    their CMVs, and five years to comply
information concerning the percent of                                        percent of eligible carriers or 144,546                              with the additional requirements to
vehicles regulated by the former ICC                                         will need a new name (.2 × 722,732). If                              display the legal name or a single trade
that currently display a USDOT number                                        a greater percentage of vehicles already                             name on the CMVs currently in their
or a legal, or DBA, name. For our                                            display either a DOT number or a valid                               fleet) the total discounted cost equals $5
                                                                             name, the cost of this rule will be lower
baseline analysis, we conservatively                                                                                                              million. Table 3 shows the breakdown
                                                                             than the FMCSA’s estimate.
estimated that only 10 percent of                                              The total undiscounted cost of this                                of costs by carrier size.
eligible carriers already display a                                          rule is $5.7 million. With a 7 percent
                                                    TABLE 3.—UNDISCOUNTED COST OF PROPOSAL BY CARRIER SIZE
                                                                                                                                                                    Percent total
                                          Size                                                       Material                     Labor             Total                                Per carrier
                                                                                                                                                                        cost

1–6 .......................................................................................             $841,587                  $289,295         $1,130,882                  19.9            $27.05
7–20 .....................................................................................               634,382                    290,759           925,141                  16.2            121.35
21–99 ...................................................................................                758,557                    521,508         1,280,066                  22.5            339.36
100+ .....................................................................................               607,416                  1,067,999        1,675,4152                  29.4          2,153.49
Unspecified ..........................................................................                   470,079                    215,453           685,532                  12.0             31.50

      Total ..............................................................................             3,312,021                  2,385,014         5,697,036                 100.0          2,672.75



   Not surprisingly, the cost per carrier                                    this rule would cost carriers $5.7                                   justify the cost. The FMCSA also
increases with carrier size. This rule                                       million (undiscounted), with the cost                                believes that this rule could lead to the
would cost the smallest carriers (those                                      spread through the five years following                              prevention of a small number of
with fewer than six power-units) about                                       promulgation. The DOT guidelines                                     accidents, and thus prove cost
$27 and the largest carriers                                                 mandate use of a threshold value per                                 beneficial.
approximately $2,150. The same pattern                                       fatality prevented of $2.7 million. Thus,
                                                                             the benefits of this rule would                                      Benefits
is evident within each size class (i.e.,
carriers with one vehicle pay less than                                      approximately equal the costs if two                                   The benefits of this rule, although
those with six). As a result of this, small                                  fatalities were prevented over five years.                           significant, are difficult to quantify. The
carriers, which compose 65 percent of                                        Other combinations of crashes avoided                                primary benefit would be an
all carriers regulated by the former ICC,                                    (fatality, injury, and property-damage-                              improvement in the FMCSA’s ability to
bear approximately 20 percent of the                                         only) could also drive the benefits of                               identify problem carriers and take
total cost of this rule.                                                     this rule above its costs, with the precise                          action to reduce the potential for harm
   Given the relatively modest cost of                                       figures depending on the severity of the                             to the public from these carriers. The
this rule, only a small number of                                            non-fatality accidents. The FMCSA                                    action taken would depend upon the
accidents would need to be prevented to                                      believes that this rule is based on a                                severity of the problem. Extremely
make it cost beneficial. We estimate that                                    reasoned determination that the benefits                             dangerous carriers, such as those with a


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35294             Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

consistently high out-of-service (OOS)                 The FMCSA’s intention is not only to                  number serves as the unique identifier.
rate or with a greater than expected                 improve safety, but to achieve                          Without this number, there is no way to
number of accidents, could be forced to              consistency and uniformity and lower                    assign accidents, inspections, and other
discontinue operations. Carriers with                the cost of enforcement and compliance                  events to the correct motor carrier.
less severe problems could be targeted               for the government, the motor carrier                      The existence of two identification
for educational outreach and other                   industry, and the general public.                       numbers, the ICC/MC and the USDOT
enforcement actions. While the FMCSA                                                                         numbers, combined with a lack of
programs cannot entirely eliminate the               Rulemaking Analyses and Notices                         consistency in the names displayed on
threat from unsafe carriers, we believe              Executive Order 12866 (Regulatory                       vehicles, limits the effectiveness of the
they can help reduce the negligent                   Planning and Review) and DOT                            FMCSA’s safety programs. Identification
behavior that leads to accidents. The                Regulatory Policies and Procedures                      problems (such as those listed above)
extreme action of taking a carrier out of                                                                    could result in a failure of the FMCSA
                                                        The FMCSA has determined that this
business would eliminate the dangerous                                                                       to attribute a crash, or an OOS
                                                     action is a significant regulatory action
behavior of risky carriers entirely.                                                                         inspection, to the correct carrier. In FY
                                                     within the meaning of Executive Order
   The FMCSA is not aware of any                                                                             1996, the FMCSA was unable to match
                                                     12866 and significant within the
alternatives which accomplish the same                                                                       12 percent of roadside inspections to the
                                                     meaning of the Department of
goals with less burden. The goal of this                                                                     correct motor carrier. For accidents, the
                                                     Transportation’s regulatory policies and
regulation is to improve the agency’s                                                                        non-match rate was 30 percent. This
                                                     procedures. The FMCSA has prepared a
ability to assign inspections and crashes                                                                    failure rate means that the FMCSA is
                                                     final regulatory evaluation of the
to the correct motor carriers. To                                                                            unaware of some carriers’ poor safety
                                                     economic impact the regulatory changes
accomplish this goal, the agency must                                                                        records, and these carriers do not
be able to correctly identify the operator           will have on the motor carrier industry.                receive the attention their safety record
of a motor vehicle during an inspection              A copy of the final regulatory evaluation               merits, such as a safety review or
or after a crash. High tech identification           is included in the docket file.                         educational assistance. As a result,
methods exist, but they require vehicles                Prior to the elimination of the ICC,                 crashes occur that this oversight might
to be equipped with a transponder that               most for-hire motor carriers were                       have forestalled.
broadcasts a unique ‘‘fingerprint.’’ The             required to obtain ICC authority in order                  In order to eliminate these problems
cost of these units is significantly higher          to operate in interstate commerce.                      and improve safety and the well-being
than the cost of adding a USDOT                      Carriers which were granted ICC                         of the public, the FMCSA is requiring
number or a new name to a power-unit.                operating authority were also given an                  all for-hire interstate carriers formerly
In addition, transponder readers would               ICC docket number, which they were                      regulated by the ICC to display their
be needed to identify a vehicle’s owner.             required to display on both sides of each               USDOT number on their vehicles
While it would be possible (albeit                   power unit.                                             (private carriers are already subject to
expensive) to provide all inspectors                    Carriers are also required to display                this requirement). This rule would
with readers, this would be                          their name and address (city and State)                 require all commercial motor vehicles,
prohibitively expensive for accident                 on both sides of their power units. A                   new or used, added to a motor carrier’s
investigators, given the large number of             carrier may display any name under                      fleet to have a USDOT number
crashes, their geographic dispersion,                which it operates. The address must be                  displayed after the effective date of this
and the number of police officers who                the principal place of business or the                  final rule. Owners of these vehicles
report only a small number of crashes.               terminal where the vehicle is located.                  would also be required to place either
   As an alternative to marking both                    The FMCSA uses the USDOT number                      their legal name, or a single trade name,
sides of the CMV with the USDOT                      to track carrier performance, primarily                 on their vehicles.
number, the agency also considered                   via the MCMIS, a mainframe computer                        Existing vehicles which do not
allowing a driver to maintain the                    system. It contains motor carrier data                  undergo a change in ownership would
required information on paper inside                 from a variety of sources: roadside                     be required to display a USDOT number
the vehicle. While this would be less                inspections, accident reports, safety and               within two years of the effective date of
expensive, there were several problems               compliance reviews, and enforcement                     this rule. Owners of existing vehicles
with this approach. First, drivers                   actions.                                                would have five years to comply with
already maintain a number of                            The MCMIS is the linchpin of a                       the name requirements.
documents with similar information,                  number of the FMCSA’s programs.
and they may have an incentive to                    Federal and State field personnel use                   Regulatory Flexibility Act
provide an investigating officer with the            the MCMIS to initiate enforcement                         In compliance with the Regulatory
incorrect document (or maintain that                 actions and educational outreach                        Flexibility Act (5 U.S.C. 601–612), the
they do not have the appropriate                     programs. By using the data, potentially                agency has evaluated the effects of this
document) under some circumstances.                  unsafe carriers can be targeted for                     rule on small entities. The economic
In addition, during crashes investigators            attention, often including compliance                   impacts of this rule are discussed in the
may not have access to an onboard                    reviews. Carriers could be flagged as                   regulatory flexibility analysis, a copy of
document due to such things as fires,                unsafe if a high percentage of their                    which is in the docket. Based on its
jammed doors due to a crash, or a                    vehicles were placed out-of-service                     analysis, the FMCSA believes that this
hazardous material spill.                            during a roadside safety inspection, or                 rule will affect a substantial number of
   In order to minimize the impact of                if they experience an above average                     small entities, but will not have a
this rule, the FMCSA is requiring a two-             number of accidents. The FMCSA                          significant economic impact on them. In
year phase-in period for the USDOT                   analysts and managers use the database                  compliance with the Regulatory
number requirement and a five-year                   for analysis purposes, including                        Flexibility Act, the FMCSA certifies that
phase-in for the legal name or single                monitoring overall trends and                           this rule will not have a significant
trade name requirement. This will give               evaluating program effectiveness.                       economic impact on a substantial
small carriers (and others) ample time to               In order to connect information from                 number of small entities.
comply with the marking rule without                 disparate sources, a unique identifier is                 The FMCSA estimates that 41,800
significantly disrupting their operations.           required. For MCMIS, the USDOT                          carriers with six or fewer power units


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                  Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations                                                  35295

will be covered by this regulation, as                  The NPRM that was published on                       Executive Order 12630 (Taking of
will another 7,600 with 7 to 20 power                June 16, 1998, solicited public                         Private Property)
units. Our estimates indicate motor                  comments on these information                             This rule will not effect a taking of
carriers with fewer than six power-units             collection requirements as a component                  private property or otherwise have
would absorb about 26 percent of all                 of the NPRM action. A summary of the                    taking implications under E.O. 12630,
costs. This rule would cost the smallest             comments that addressing the MCS–150                    Governmental Actions and Interference
carriers (those with fewer than six                  was previously provided to the OMB.                     with Constitutional Protected Property
power-units) about $27 per vehicle.                  Comments were neutral to favorable; in                  Rights.
Those small motor carriers with 7 to 20              fact, several commenters asked the
vehicles would incur a cost of $21 per               FMCSA to consider requiring motor                       Executive Order 12988 (Civil Justice
vehicle. As a result of this, the smallest           carriers to provide regular updates of                  Reform)
carriers, which compose 65 percent of                information contained in the MCS–150.                     This action meets applicable
all carriers regulated by the former ICC,            A single State commenter contended                      standards in sections 3(a) and 3(b)(2) of
bear approximately 20 percent of                     that the MCS–150 contains superfluous                   E.O. 12988, Civil Justice Reform, to
$5,696,036, the total cost of this                   information, discouraging States from                   minimize litigation, eliminate
proposal. The FMCSA does not see this                using it to identify intrastate motor                   ambiguity, and reduce burden.
as a substantial financial burden on                 carriers. However, that State did not cite
small entities.                                                                                              Executive Order 13045 (Protection of
                                                     specific examples of data elements or
                                                                                                             Children)
Executive Order 13132 (Federalism)                   information categories it believed to be
                                                     confusing or redundant.                                   We have analyzed this action under
  This action has been analyzed in                                                                           Executive Order 13045, Protection of
                                                        Section 390.19(a) changes the
accordance with the principles and                                                                           Children from Environmental Health
                                                     requirement of when Form MCS–150
criteria contained in Executive Order                                                                        Risks and Safety Risks. This rule is not
                                                     must be filed from ‘‘within 90 days after
13132. It has been determined that this                                                                      an economically significant rule and
                                                     beginning operations’’ to ‘‘before                      does not concern an environmental risk
rulemaking does not have a substantial
                                                     commencing operations.’’ This change                    to health or safety that may
direct effect on States, nor would it limit
                                                     will be reflected on Form MCS–150 in                    disproportionately affect children.
the policymaking discretion of the
                                                     the Notice section on the form; however,
States. Nothing in this document                                                                             Regulation Identification Number
                                                     it will not affect the burden hours for
directly preempts any State law or
                                                     this information collection.                              A regulation identification number
regulation.
                                                        The NPRM also included a proposed                    (RIN) is assigned to each regulatory
Executive Order 12372                                requirement that certain motor carriers                 action listed in the Unified Agenda of
(Intergovernmental Review)                           submit an updated Form MCS–150 to                       Federal Regulations. The Regulatory
  Catalog of Federal Domestic                        the FMCSA within 90 days from the                       Information Service Center publishes
Assistance Program Number 20.217,                    effective date of the rule. This proposed,              the Unified Agenda in April and
Motor Carrier Safety. The regulations                updated form would only have been                       October of each year. The RIN contained
implementing Executive Order 12372                   required from those motor carriers that                 in the heading of this document can be
regarding intergovernmental                          were using a name for their business                    used to cross reference this action with
consultation on Federal programs and                 that was not one of the two names on                    the Unified Agenda.
activities do not apply to this program.             the MCS–150 had filed with the agency.                  List of Subjects
                                                     The FMCSA has eliminated this
Paperwork Reduction Act                              proposed requirement from the final                     49 CFR Part 385
   Under the Paperwork Reduction Act                 rule, along with the additional burden                    Highway safety, Motor carriers, Motor
of 1995 (PRA) (44 U.S.C. 3501–3520),                 hours it would have created.                            vehicle safety.
Federal agencies must obtain approval                Estimated Annual Reporting Burden                       49 CFR Part 390
from the Office of Management and
Budget (OMB) for each collection of                   Number of respondents: 50,000 @ 20                       Highway safety, Motor carriers, Motor
information they conduct, sponsor, or                minutes per respondent.                                 vehicle identification and marking,
require through regulations. An analysis                                                                     Reporting and recordkeeping
                                                      Burden Hours: 16,667.                                  requirements.
of this rule has been made by the
FMCSA, and it has been determined                    National Environmental Policy Act                         Issued on: May 25, 2000.
that it will affect the approved form                                                                        Clyde J. Hart, Jr.,
(MCS–150) associated with a currently-                 The agency has analyzed this
                                                                                                             Acting Deputy Administrator.
approved information collection                      rulemaking for the purpose of the
                                                     National Environmental Policy Act of                      In consideration of the foregoing, the
covered by OMB Control No. 2126–0013
                                                     1969 (42 U.S.C. 4321 et seq.) and has                   FMCSA amends title 49, Code of
(formerly 2125–0544). The wording in
                                                     determined that this action does not                    Federal Regulations, chapter III, parts
the Notice section of the MCS–150 will
                                                     have any effect on the quality of the                   385 and 390, as follows:
change; burden hours and numbers of
respondents will not change as a result              environment.
                                                                                                             PART 385—SAFETY FITNESS
of this Final Rule. However, a revised               Unfunded Mandates Reform Act of                         PROCEDURES
estimate that reflects more accurate                 1995
numbers of respondents and the time to                                                                         1. The authority citation for part 385
complete the MCS–150 was done and                       This rule does not impose a Federal                  continues to read as follows:
submitted to the OMB in June 1999. The               mandate resulting in the expenditure by                   Authority: 49 U.S.C. 104, 504, 521(b)(5)(A),
OMB approved that revision to the                    State, local, or tribal governments, in the             5113, 31136, 31144, 31502; and 49 CFR 1.73.
information collection on October 4,                 aggregate, or by the private sector, of
1999; the approval period runs through               $100 million or more in any one year.                   §§ 385.21 and 385.23       [Removed]
October 31, 2002.                                    ‘‘2 U.S.C. 1531 et seq.’’                                 2. Remove §§ 385.21 and 385.23.


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35296               Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

Appendix A to Part 385—[Removed                       [Approved by the Office of Management and                required by paragraph (c)(3) of this
and Reserved]                                         Budget under control number 2126–0013]                   section.
                                                                                                                  (d) Construction and durability. The
  3. Remove and reserve appendix A to                       7. Revise § 390.21 to read as follows:
                                                                                                               marking may be painted on the CMV or
part 385, Form MCS–150, Motor Carrier                 § 390.21     Marking of CMVs.                            may consist of a removable device, if
Identification Report.                                                                                         that device meets the identification and
                                                         (a) General. Every self-propelled
                                                      CMV, as defined in § 390.5, subject to                   legibility requirements of paragraph (c)
PART 390—FEDERAL MOTOR
                                                      subchapter B of this chapter must be                     of this section, and such marking must
CARRIER SAFETY REGULATIONS;
                                                      marked as specified in paragraphs (b),                   be maintained as required by paragraph
GENERAL [AMENDED]
                                                      (c), and (d) of this section.                            (c)(4) of this section.
   4. The authority citation for part 390                (b) Nature of marking. The marking                       (e) Rented CMVs. A motor carrier
is revised to read as follows:                        must display the following information:                  operating a self-propelled CMV under a
                                                         (1) The legal name or a single trade                  rental agreement having a term not in
  Authority: 49 U.S.C. 13301, 13902, 31132,                                                                    excess of 30 calendar days meets the
31133, 31136, 31502, 31504; and sec. 204,             name of the motor carrier operating the
Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C.         self-propelled CMV, as listed on the                     requirements of this section if:
701 note); and 49 CFR 1.73.                           motor carrier identification report (Form                   (1) The CMV is marked in accordance
                                                      MCS–150) and submitted in accordance                     with the provisions of paragraphs (b)
§ 390.19   [Redesignated as § 390.17]                 with § 390.19.                                           through (d) of this section; or
  5. Redesignate § 390.19 as § 390.17.                   (2) The motor carrier identification                     (2) The CMV is marked as set forth in
                                                      number issued by the FMCSA, preceded                     paragraph (e)(2)(i) through (iv) of this
  6. A New § 390.19 reads as follows:                                                                          section:
                                                      by the letters ‘‘USDOT’’.
§ 390.19   Motor carrier identification report.                                                                   (i) The legal name or a single trade
                                                         (3) If the name of any person other
                                                                                                               name of the lessor is displayed in
   (a) All motor carriers conducting                  than the operating carrier appears on the
                                                                                                               accordance with paragraphs (c) and (d)
operations in interstate commerce shall               CMV, the name of the operating carrier
                                                                                                               of this section.
file a Motor Carrier Identification                   must be followed by the information                         (ii) The lessor’s identification number
Report, Form MCS–150, before                          required by paragraphs (b)(1), and (2) of                preceded by the letters ‘‘USDOT’’ is
commencing operations.                                this section, and be preceded by the                     displayed in accordance with
   (b) The Motor Carrier Identification               words ‘‘operated by.’’                                   paragraphs (c) and (d) of this section;
Report, Form MCS–150, with complete                      (4) Other identifying information may                 and
instructions, is available from all                   be displayed on the vehicle if it is not                    (iii) The rental agreement entered into
FMCSA Service Centers and Division                    inconsistent with the information                        by the lessor and the renting motor
offices nationwide and from the                       required by this paragraph.                              carrier conspicuously contains the
FMCSA’s web site at: http://                             (5) Each motor carrier shall meet the                 following information:
www.mcs.dot.gov/factsfigs/                            following requirements pertaining to its                    (A) The name and complete physical
formspubs.htm or by calling 1–800–                    operation:                                               address of the principal place of
832–5660.                                                (i) All CMVs that are part of a motor                 business of the renting motor carrier;
   (c) The completed Motor Carrier                    carrier’s existing fleet on July 3, 2000,                   (B) The identification number issued
Identification Report, Form MCS–150,                  and which are marked with an ICCMC                       the renting motor carrier by the FMCSA,
shall be filed with the FMCSA’s Office                number must come into compliance                         preceded by the letters ‘‘USDOT,’’ if the
of Data Analysis and Information                      with paragraph (b)(2) of this section by                 motor carrier has been issued such a
Systems, 400 Seventh Street, SW.,                     July 3, 2002.                                            number. In lieu of the identification
Washington, DC 20590. A for-hire motor                   (ii) All CMVs that are part of a motor                number required in this paragraph, the
carrier should submit the Form MCS–                   carrier’s existing fleet on July 3, 2000,                following may be shown in the rental
150 along with its application for                    and which are not marked with the legal                  agreement:
operating authority (Form OP–1) to the                name or a single trade name on both                         (1) Information which indicates
appropriate address referenced on that                sides of their CMVs, as shown on the                     whether the motor carrier is engaged in
form or may submit it separately to the               Motor Carrier Identification Report,                     ‘‘interstate’’ or ‘‘intrastate’’ commerce;
address mentioned in this section.                    Form MCS–150, must come into                             and
   (d) Only the legal name or a single                compliance with paragraph (b)(1) of this                    (2) Information which indicates
trade name of the motor carrier may be                section by July 5, 2005.                                 whether the renting motor carrier is
used on the motor carrier identification                 (iii) All CMVs added to a motor                       transporting hazardous materials in the
report (Form MCS–150).                                carrier’s fleet on or after July 3, 2000,                rented CMV;
   (e) A motor carrier that fails to file a           must meet the requirements of this                          (C) The sentence: ‘‘This lessor
Motor Carrier Identification Report,                  section before being put into service and                cooperates with all Federal, State, and
Form MCS–150, or furnishes misleading                 operating on public ways.                                local law enforcement officials
information or makes false statements                    (c) Size, shape, location, and color of               nationwide to provide the identity of
upon Form MCS–150, is subject to the                  marking. The marking must—                               customers who operate this rental
penalties prescribed in 49 U.S.C.                        (1) Appear on both sides of the self-                 CMV’; and
521(b)(2)(B).                                         propelled CMV;                                              (iv) The rental agreement entered into
   (f) Upon receipt and processing of the                (2) Be in letters that contrast sharply               by the lessor and the renting motor
Motor Carrier Identification Report,                  in color with the background on which                    carrier is carried on the rental CMV
Form MCS–150, the FMCSA will issue                    the letters are placed;                                  during the full term of the rental
the motor carrier an identification                      (3) Be readily legible, during daylight               agreement. See the leasing regulations at
number (USDOT number). The motor                      hours, from a distance of 50 feet (15.24                 49 CFR 376 for information that should
carrier must display the number on each               meters) while the CMV is stationary;                     be included in all leasing documents.
self-propelled CMV, as defined in                     and                                                         (f) Driveaway services. In driveaway
§ 390.5, along with the additional                       (4) Be kept and maintained in a                       services, a removable device may be
information required by § 390.21.                     manner that retains the legibility                       affixed on both sides or at the rear of a


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                       Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations                                                   35297

single driven vehicle. In a combination                  removable device must display the legal                     8. Revise § 390.27 to read as follows:
driveaway operation, the device may be                   name or a single trade name of the
affixed on both sides of any one unit or                 motor carrier and the motor carrier’s                     § 390.27 Locations of motor carrier safety
at the rear of the last unit. The                        USDOT number.                                             service centers.

Service center                                Territory included                                                         Location of office

Eastern .........   CT, DC, DE, MA, MD, ME, NJ, NH, NY, PA, PR, RI, VA, VT,                       City Crescent Building, #10 South Howard Street, Suite 4000,
                      WV.                                                                           Baltimore, MD 21201–2819.
Midwestern ...      IA, IL, IN, KS, MI, MO, MN, NE, OH, WI ...................................    19900 Governors Drive, Suite 210, Olympia Fields, IL 60461–
                                                                                                    1021.
Southern .......    AL, AR, FL, GA, KY, LA, MS, NC, NM, OK, SC, TN, TX ..........                 61 Forsyth Street, SW, Suite 17T75, Atlanta, GA 30303–3104.
Western ........    American Samoa, AK, AZ, CA, CO, Guam, HI, ID, Mariana Is-                     201 Mission Street, Suite 2100, San Francisco, CA 94105–
                      lands, MT, ND, NV, OR, SD, UT, WA, WY.                                        1838.



§§ 390.401, 390.403, 390.405 and 390.407
(Subpart D) [Removed]
  9. In part 390, remove subpart D,
consisting of §§ 390.401, 390.403,
390.405 and 390.407.
[FR Doc. 00–13697 Filed 6–1–00; 8:45 am]
BILLING CODE 4910–22–P




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