[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Proposed Rules]
[Pages 32801-32807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15881]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 385 and 390
[FHWA Docket No. FHWA-98-3947]
RIN 2125-AD49
Federal Motor Carrier Safety Regulations; General; Commercial
Motor Vehicle Marking
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The FHWA is proposing to amend its regulations concerning the
marking of commercial motor vehicles (CMVs) and the submission of the
Motor Carrier Identification Report (Form MCS-150) that new motor
carriers must submit to the FHWA. The FHWA is proposing to eliminate
the marking regulations of the former Interstate Commerce Commission
(ICC), and require that motor carriers replace the vehicle markings
specified by those requirements with markings that conform to the
requirements of 49 CFR 390.21. The agency is proposing to amend its
current marking requirements to require that CMVs be marked with the
legal name of the business entity that owns or controls the motor
carrier operation, or the ``doing business as'' (DBA) name, and the
city and State for the principal place of business as they appear on
the Form MCS-150. Motor carriers would be allowed two years to comply
with the proposed marking requirement to affix the USDOT number to both
sides of their CMVs and five years to comply with the additional
requirements to add the address of the principal place of business, and
the legal name or DBA name to their CMVs. The FHWA is also proposing to
move the regulations that require motor carriers to submit the Form
MCS-150 from 49 CFR part 385 to part 390, and to amend the regulations
to require that all new interstate motor carriers submit a Form MCS-150
to the FHWA before (rather than within 90 days after) commencing
operations. The FHWA solicits public comment from interested persons on
this action, including responses to the information collection
requirements set forth in this document.
DATES: Written comments must be received on or before August 17, 1998.
ADDRESSES: Signed, written comments should refer to the docket number
that appears at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. All comments received will be available for
examination at the above address between 10:00 a.m. and 5:00 p.m.,
e.t., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Forjan, Office of Motor
Carrier Research and Standards, (202) 366-4001, or Mr. Charles Medalen,
Office of the Chief Counsel, (202) 366-1354, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
On January 28, 1992, the FHWA published a final rule (57 FR 3142)
which required interstate motor carriers to mark their interstate CMVs
with specific information, including the USDOT number (see 49 CFR
390.21) . The final rule, however, provided an exception for ICC
authorized for-hire motor carriers that complied with the marking
requirements formerly in 49 CFR part 1058, now redesignated as 49 CFR
390.401, 390.403, 390.405, and 390.407 (61 FR 54706, 54710, October 21,
1996). The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109
Stat. 803) was enacted on December 29, 1995, and became effective on
January 1, 1996. The ICCTA abolished the ICC, amended subtitle IV of
title 49, United States Code, reformed the economic regulation of
transportation, and transferred the assets, personnel, and many of the
duties and functions of the ICC to the Secretary of Transportation
(Secretary). In response to this action, the FHWA is proposing to: (1)
eliminate the marking requirements at 49 CFR 390.401, 390.403, 390.405,
and 390.407, Identification of Vehicles; and (2) require all motor
carriers operating CMVs in interstate commerce, including those motor
carriers formerly authorized by the ICC, to meet the vehicle marking
requirements at 49 CFR 390.21. The
[[Page 32802]]
FHWA believes it is important that CMVs be properly marked so that the
public has an effective means to identify motor carriers operating in
an unsafe manner. Such markings will assist State officials conducting
roadside inspections and accident investigations in attributing
important safety data to the correct motor carrier.
Use of the Motor Carrier Identification Number
The FHWA regulates the safety aspects of interstate motor carrier
operations. All motor carriers must file a motor carrier identification
report (Form MCS-150) with the FHWA within 90 days after beginning
interstate operations. Shortly after the receipt of a completed Form
MCS-150, the FHWA assigns a USDOT number to the motor carrier and
notifies it of the number assigned.
The Motor Carrier Management Information System (MCMIS) is a
computerized information system containing comprehensive safety
performance data on individual interstate motor carriers. These data
are supplied by State and Federal motor carrier safety personnel and
the motor carriers themselves. The data are maintained on a central
mainframe computer and are available for use by States, Federal
agencies, the motor carrier industry, insurance companies, and others.
All safety performance data on each motor carrier are linked to the
USDOT number. This includes roadside inspection data, accident data,
including safety and compliance review information. The USDOT number is
used to link data together to produce summaries or reports on specific
motor carriers. These data are often used to establish priorities for
motor carrier educational and enforcement activities by both Federal
and State agencies. Thus, one of the ultimate goals of the MCMIS is to
receive adequate and reliable safety performance data on each
individual carrier to support overall trends and evaluate program
effectiveness.
It is extremely difficult, however, to produce an accurate report
of a motor carrier's safety performance without the use of a unique
identifying data element for that motor carrier. The identity of the
motor carrier cannot always be determined from the data recorded on the
roadside inspection report. For example, many motor carriers in the
United States and Canada have the same or similar names. In addition,
many motor carriers have regional and terminal offices separate from
their principal place of business. Yet, any of these addresses is
currently acceptable under Sec. 390.21(b)(2). Likewise, use of multiple
names and addresses by motor carriers makes it difficult for the FHWA
to match roadside inspection data with a specific motor carrier in the
MCMIS. During calendar year 1996, 212,712 of the 1,479,259 roadside
inspections could not be matched to the correct motor carrier.
Excessive resources are expended in an attempt to resolve this
continuing ``non-match'' problem. Accordingly, the FHWA is proposing
this action to better identify and match safety performance data with
the correct motor carrier.
Legal Name or Trade Name
The FHWA proposes to require a motor carrier to mark both sides of
each self-propelled CMV it operates with the legal name or the name
under which the carrier does business (DBA name), as that name is shown
on the Form MCS-150. The current marking requirement in
Sec. 390.21(b)(1) allows the motor carrier to use its ``name or trade
name,'' but does not require that name to be the same name as the motor
carrier listed on its Form MCS-150. The MCMIS only contains the legal
name and a single trade (DBA) name and, therefore, is limited in its
ability to correctly match inspection reports with motor carriers. This
proposed change is intended to improve identification methods so that
States can assign performance data to the correct motor carrier. This
action will help alleviate the ``non-match'' problem that currently
exists.
A reliable means of correctly identifying motor carriers is
critical, given: (1) the trend toward ``automated roadside
inspections''; (2) ``electronic clearance'' technologies being explored
through the Intelligent Transportation System (ITS) program (formerly
known as the Intelligent Vehicle-Highway Systems program), under
authority granted by the Intelligent Vehicle-Highway Systems Act of
1991 (IVHS) (secs. 6051-6059 of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, 2189-
2195); (3) the increasing costs of conducting roadside inspections; (4)
the FHWA's growing reliance on ``performance data''; and (5) the need
for more efficient methods of evaluating the safety fitness of motor
carriers.
The FHWA believes that the number of motor carriers affected by
this change will be relatively small. The precise number cannot,
however, be determined from existing databases. Motor carriers with
multiple trade names would be permitted to decide upon a DBA name with
which to mark their CMVs and to notify the FHWA by submitting a revised
Form MCS-150. The FHWA does not want to impose additional financial
hardship upon the motor carriers. Therefore, the USDOT number would not
need to be marked on existing CMVs until two years after the
publication of the rule and the motor carrier would have five years
from the publication of the rule to affix the legal name or DBA name on
both sides of their CMVs.
Principal Place of Business Address Required on CMVs
The FHWA also proposes to remove the language in Sec. 390.21(b)(2)
that allows a motor carrier to mark its CMVs by displaying the address
where the vehicle is customarily based. The FHWA would require a motor
carrier to mark its CMVs only with the address of its principal place
of business. A single address, like the single name discussed in the
previous section, would significantly increase the ability of
enforcement personnel at an accident scene, or a roadside inspection,
to properly identify the motor carrier and ensure that data collected
is assigned to the proper motor carrier. This new requirement would
apply to the entire fleet, including those CMVs located at a terminal
office. The motor carrier would have five years from the effective date
of the rule to affix the address of the principal place of business on
both sides of their CMVs.
New Carriers Required to File MCS-150 Before Commencing Operations
The FHWA is proposing to amend the requirement under which new
motor carriers must file the Form MCS-150. The current requirement
allows a new motor carrier to file Form MCS-150 within 90 days after
beginning operations. The proposed change would require all new motor
carriers to file Form MCS-150 before commencing operations. The FHWA
has streamlined the process for filing the Form MCS-150 by making it
available on the Internet. Motor carriers calling for the Form MCS-150
may access the Internet through the DOT WEB page at: ``HTTP://
WWW.FHWA.DOT.GOV/OMC/OMCHOME.HTML''. Motor carriers can download the
Form MCS-150, complete it, and submit it by mail. Carriers may also
obtain copies of the form from the FHWA Regional Offices listed in
Sec. 390.27.
Proposed Implementation Plan
The FHWA recognizes that the time it would take a motor carrier to
bring a large fleet into compliance with a new vehicle marking rule may
be significant.
[[Page 32803]]
Under this proposal, all CMVs that are part of a motor carrier's
existing fleet on the effective date of this rule, and which are marked
currently with an ICC MC number, would have two years to come into
compliance with the proposed marking requirements as they apply to the
USDOT number. When the ICC was terminated, most for-hire carriers
removed the ICC acronym from their CMVs. The FHWA now issues only the
MC number to the for-hire carriers. Thus, the former ICC MC number will
be referred to only as the ``MC'' number in this document. A motor
carrier would not be required to remove the MC number when it affixes
the USDOT number, but may do so if it wishes. All CMVs added to a motor
carrier fleet after the effective date of a final rule would be
required to meet all of the marking requirements, including marking
CMVs with the legal name or the name under which it does business (DBA
name), as that name is shown on the Form MCS-150, and marking CMVs only
with the address of its principal place of business.
The FHWA believes that two years would be a sufficient period of
time for the motor carrier to meet the proposed marking requirements
for adding the USDOT number, and five years to affix the address of the
principal place of business, and the legal name or DBA name on both
sides of their CMVs, without creating either an administrative or
economic hardship for motor carriers.
Motor Carrier Identification Report (Section 385.21), Failure to Report
(Section 385.23), and Form MCS-150, Motor Carrier Identification Report
(Appendix to Part 385)
The FHWA proposes to remove Secs. 385.21 and 385.23 and combine the
requirements of those two sections into a new Sec. 390.19, Motor
Carrier Identification Report. Form MCS-150, which is now an appendix
to part 385, would be redesignated as an appendix to part 390. This
proposed change would place the Form MCS-150 and the CMV marking
requirements in the same part of the Federal Motor Carrier Safety
Regulations (FMCSRs). The items proposed in this NPRM may change the
information required to be on the MCS-150 (e.g., references to the
ICC). The FHWA will make the appropriate changes after a review of the
docket comments and the existing supply of MCS-150s in stock is
depleted.
States Encouraged To Require USDOT Numbers for Intrastate Motor
Carriers
The FHWA intends to allow and encourage the States to issue USDOT
numbers to intrastate motor carriers. Currently, USDOT numbers are
issued only by the FHWA to motor carriers engaged in interstate
commerce. In the interest of uniformity and positive identification of
all motor carriers engaged in commerce, the FHWA encourages the States
to require their intrastate motor carriers to file Form MCS-150, or a
similar form, with an appropriate State office. Upon receipt of the
completed document, the States would record the information, assign the
motor carrier a USDOT number from the FHWA database, and notify the
motor carrier of its new number. If the States are willing to accept
this responsibility, they would also need to require intrastate motor
carriers to mark their CMVs with the USDOT number, and company name and
address, in the same manner as proposed in this document.
The FHWA program initiatives have been directed toward uniform
safety regulations for the motor carrier industry. The desire for
uniformity was also expressed by much of the motor carrier industry via
docket submissions, public hearings, and nominal group process meetings
conducted as part of the public outreach portion of the FHWA's Zero
Base Review of the FMCSRs. Having the various States and other
government agencies use the USDOT number nationwide as the single motor
carrier identifier would be a major step in achieving uniformity. The
USDOT number could also serve as a motor carrier's designated
identifier for the base-State programs mandated by the ISTEA. Since
September 30, 1996, States may collect motor carrier fuel tax and
registration fees only through base-State agreements, such as the
International Registration Plan (IRP) and the International Fuel Tax
Agreement (IFTA).
The Motor Carrier Safety Assistance Program (MCSAP) has increased
its emphasis on traffic enforcement for CMVs over the last several
years. These enforcement activities are performed by State enforcement
officials and local officers who may not be familiar with motor carrier
operations. Having the USDOT number as the single identifier for all
motor carriers would ensure that the information collected at the
roadside would be maintained in the correct motor carrier file.
The Commercial Vehicle Operations (CVO) component of the ITS
program is another area where adoption of the USDOT number by States
would enhance uniformity. The following are specific examples of ITS/
CVO technology:
(1) electronic clearance of State and international borders by
drivers and CMVs which are both legal and safe; (2) faster and more
effective automated roadside inspections of commercial motor vehicles;
(3) on-board safety devices to monitor driver alertness, vehicle
defects, or other problems while the vehicle is in motion, and if
necessary to notify the driver, carrier, and possibly enforcement
personnel; (4) electronic purchase of credentials, and automated
mileage and fuel reporting and auditing; (5) real-time communications
between drivers, dispatchers, and intermodal transportation providers
with information on congestion and routing options; and (6) hazardous
materials (HM) incident notification which would provide HM response
teams with timely and accurate information on cargo compartment
contents, enabling them to react properly in emergency situations. An
integrated information system capable of handling functions such as
these is critically dependent upon a unique identifying number. The
FHWA believes that the USDOT number can meet these needs.
Mexican and Canadian Carriers Also Subject to CMV Marking Requirements
Mexico-based motor carriers who are presently operating under an MX
number, and Canadian motor carriers operating under an MC number will
also be required to meet all the CMV marking requirements proposed in
this rule when operating in the United States.
Transportation Lawyers Association Petitions for Rulemaking
The Transportation Lawyers Association (TLA) filed a petition on
March 2, 1994, requesting that the FHWA initiate a rulemaking to
require motor carriers to file a Form MCS-150 biennially and within 20
days following a change of its name, control, ownership, or its
principal place of business. The TLA also recommended that the FHWA
amend its Form MCS-150 to include blocks for motor carrier revenue,
mileage, and accident data.
On August 26, 1996, the FHWA published an advance notice of
proposed rulemaking (ANPRM), Motor Carrier Replacement Information/
Registration System [61 FR 43816] . That notice was published in
response to 49 U.S.C. 13908, enacted by section 103 of the ICCTA, which
requires the Secretary to initiate a rulemaking proceeding to replace
the current Department of Transportation identification number system,
the single State registration system (49 U.S.C.
[[Page 32804]]
14504), the registration and licensing system (49 U.S.C. 13901-13905),
and the financial responsibility information system with a single, on-
line Federal system. The review and improvement of these information
systems (49 U.S.C. 13906) will benefit the motor carrier industry, the
States, the Federal government, and the public. In that ANPRM, the FHWA
requested public comment from interested persons and responses to
specific questions, several of which address issues raised by the TLA
petition: Should the FHWA retain the USDOT identification number system
as is? Who should be included as contributors to and users of this
system? How could the system be improved? Should Forms MCS-150, MCS-90
and MCS-82 be retained, modified or eliminated? Do they capture only
the necessary information? Should the information on Form MCS-150 be
updated periodically? If so, at what intervals? Because the rulemaking
to implement 49 U.S.C.13908 is much broader than the TLA request, the
FHWA has decided neither to grant nor deny the petition, but rather to
file it as a docket comment to the August 26, 1996, ANPRM. The FHWA
encourages the TLA to participate actively in the future course of that
rulemaking proceeding.
Commercial Vehicle Safety Alliance Petitions for Regulatory Changes
The Commercial Vehicle Safety Alliance (CVSA) and the Steering
Committee of the Commercial Vehicle Information System (CVIS) jointly
petitioned the FHWA, on July 13, 1994, for a number of regulatory
changes pertaining to marking requirements. The petitioners asked the
FHWA to require all motor carriers to mark their vehicles with the
USDOT number. As already discussed, the FHWA is proposing to eliminate
the current rule which allows for-hire motor carriers operating under
authority formerly issued by the ICC to mark their vehicles in
accordance with 49 CFR 390.401, 390.403, 390.405, and 390.407
(Identification of Vehicles) in lieu of obtaining a USDOT number.
When drivers, vehicles, and even motor carriers are operating under
lease to other motor carriers, it is sometimes difficult for
enforcement personnel to decide who is responsible for regulatory
compliance. The CVSA and the CVIS Steering Committee, therefore, asked
the FHWA to require the USDOT number of the party responsible for
safety be listed on appropriate documents carried in each vehicle. The
motor carrier (lessee) is always responsible for its employees under
Sec. 390.11. Petitioners suggested that the lease itself could be
marked with the USDOT number, but marking the driver's record of duty
status would give the same information with minimal changes in current
procedures. Petitioners also recommended that the FHWA ask the ICC
(which has been abolished pursuant to the ICCTA) to amend: (1) 49 CFR
part 1058 (now 49 CFR part 390, subpart D) to require all motor
carriers regulated by the ICC to obtain and display a USDOT number; and
(2) part 1057 ( now 49 CFR part 376, Lease and Interchange of
Vehicles), to require the inclusion of the USDOT number on all lease
documents.
Finally, the CVSA and the CVIS Steering Committee asked the FHWA to
make the requirements of Sec. 390.21 applicable in some way to all
intrastate motor carriers.
The FHWA replied by letter on September 7, 1994, that it would not
rule on the petition, but would simply allow the Office of Motor
Carriers to proceed with this rulemaking, which began some months
before the CVSA and the CVIS Steering Committee approached the agency.
The FHWA believes this NPRM addresses the concerns expressed by the
petitioners. The proposed rule would require all motor carriers subject
to the FMCSRs, including those motor carriers formerly regulated by the
ICC, to comply with the CMV marking requirements set forth in
Sec. 390.21. However, the FHWA has no direct authority to impose
marking requirements on intrastate motor carriers. As stated
previously, the agency will actively encourage the States to issue all
intrastate motor carriers USDOT numbers which will serve as the single
national identifier. The petitioners' request that the FHWA require the
USDOT number of the party responsible for safety be listed on
appropriate documents is not addressed in this rulemaking, because that
issue will be the subject of a subsequent rulemaking.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated in the DATES section will be considered and will
be available for examination in the docket room indicated in the
ADDRESSES section. Comments received after the comment closing date
will be filed in the docket and will be considered to the extent
practicable, but the FHWA may issue a final rule at any time after the
close of the comment period. In addition to late comments, the FHWA
will also continue to file in the docket relevant information that
becomes available after the comment period closing date. Interested
persons should examine the docket for new material.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This document proposes to amend part 390 to require that all CMVs
that are part of a motor carrier's existing fleet on the effective date
of this rule and which are marked currently with MC numbers, also mark
those vehicles with their assigned USDOT number and correct name and
address (city and state) if necessary. Motor carriers would be given
two years from the date this rule becomes effective to affix the USDOT
number to the vehicles in their existing fleet. Motor carriers would
have five years from the date this rule becomes effective to affix the
address of the principal place of business, and the legal name or DBA
name on both sides of their CMVs, as shown on the Motor Carrier
Identification Report, Form MCS-150. Motor carriers would not be
required to remove the MC numbers from vehicles in their existing
fleet, but would be prohibited from displaying the MC numbers on new
vehicles entering the fleet. All CMVs added to a motor carrier's fleet
after the effective date of a final rule in this proceeding would be
required to meet all the proposed marking requirements prior to the
vehicles being put into service.
The FHWA has determined that this document is a significant
regulatory action under Executive Order 12866 and is significant under
the DOT's regulatory policies and procedures. A regulatory evaluation
was prepared, and has been placed in the docket. This evaluation shows
that this proposed rule would cost carriers approximately $10.7 million
spread over a five-year phase-in period. The discounted cost, based on
a 7 percent discounted rate, would be $9.2 million.
The benefits of this rule, although significant, are difficult to
quantify. The primary benefit would be an improvement in the FHWA's
ability to identify problem carriers and to take action to reduce the
potential for harm from these carriers. The action taken would depend
upon the severity of the problem. Dangerous or unsafe carriers, such as
those with a consistently high out-of-service (OOS) rate or a greater
than expected number of accidents, could be forced to discontinue
operations. Carriers with less severe problems could be targeted for
educational and other enforcement actions. While FHWA programs cannot
entirely eliminate the threat from unsafe carriers, we believe that the
combination of educational and
[[Page 32805]]
enforcement programs can reduce the negligent behavior that leads to
many accidents. The extreme action of closing a carrier would eliminate
the dangerous behavior of risky carriers entirely. Given the relatively
modest cost of this proposal, only a small number of accidents would
have to be deterred to make it cost beneficial. The DOT uses a
threshold value per fatality deterred of approximately $2.7 million.
Thus, the benefits of this proposal would exceed the costs if four
fatalities were deterred over five years. Other combinations of crashes
avoided (fatality, injury and property-damage-only) could also drive
the benefits of this proposal above its costs, with the precise figures
depending on the severity of the non-fatality accidents. The FHWA
believes that this proposal could lead to the prevention of a small
number of accidents, and thus could prove cost beneficial. The 1996
National Highway Traffic Safety Administration (NHTSA) data shows large
truck crashes resulted in 130,000 injuries and 5,126 fatalities. The
NHTSA statistics also show that 296,000 heavy trucks were involved in
crashes resulting on property damage.
The FHWA programs not only improve the safety of carriers visited,
they also serve as a deterrent to other companies. In order for this
deterrent effect to work, other carriers must see that carriers which
do not comply with the safety regulations are visited and, if
necessary, subjected to enforcement actions. If unsafe carriers are not
visited, there is little incentive for carriers to improve their safety
standards. By enhancing the FHWA's ability to identify and visit unsafe
carriers, this regulation will increase the deterrent effect of the
FHWA's safety programs.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency has evaluated the effects of this rule on small
entities. The economic impacts of this rule are discussed more fully in
the regulatory flexibility analysis, a copy of which is in the docket.
This rule would require all former ICC motor common and contract
carriers to mark their CMVs with a ``USDOT Number'' and the city and
State in which the motor carrier maintains its principal place of
business.
The FHWA estimates that approximately 725,000 vehicles are operated
by carriers regulated by the former ICC, and that 10% of these vehicles
already display both ICC and DOT numbers and 50% have proper name and
address identification. The cost to properly mark the remaining
vehicles (those not yet in compliance) depends on the carrier's fleet
size and what marking is required. A large carrier can apply a new DOT
number for $4 per vehicle, while it would cost a small carrier $41 to
change the DOT number, name, and address. This proposal would cost
carriers approximately $10.7 million, which would be spread over the 5
year phase-in period. At a 7% discount rate, the discounted cost would
be $9.2 million.
The benefits of this rule, while important, are difficult to
quantify. The primary benefit will be that the FHWA will be better able
to identify unsafe carriers and to take remedial action to make them
safer. A secondary benefit is that the enhanced FHWA safety programs
resulting from this rule will act as a deterrent to other carriers, by
discouraging them from engaging in unsafe practices.
In order to minimize the cost of this rule, the FHWA is proposing a
two-year phase-in period for marking of the USDOT number and a five-
year phase-in period to meet all additional marking requirements. This
should give carriers with small fleets (and others) ample time to
comply without disrupting their operations.
The FHWA believes that the cost of marking each CMV will be modest.
Therefore, under the criteria of the Regulatory Flexibility Act, the
FHWA hereby certifies that this action will not have a significant
economic impact on a substantial number of small entities. The FHWA
welcomes comments, information, and data on these potential impacts.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that a final rule, if promulgated, would not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct or sponsor. ``Collection of information'' is defined at 44
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or
requirements that members of the public submit records, or provide
information to a third party. The FHWA has determined that this
proposal contains new collection of information requirements for
purposes of the PRA. The new information collection requirements in
this proposal are a result of the enactment of the ICCTA which
abolished the ICC, and transferred many of the duties and functions of
the ICC to the Secretary. In response to this action, the FHWA is
proposing to eliminate the marking requirements of the former ICC and
require all motor carriers operating CMVs in interstate commerce,
including those motor carriers formerly authorized by the ICC, to meet
the vehicle marking requirements at 49 CFR 390.21. The FHWA believes it
is important that CMVs be properly marked so that the public has an
effective means to identify motor carriers operating in an unsafe
manner. Such markings will assist State officials conducting roadside
inspections and accident investigations in attributing important safety
data to the correct motor carrier.
Prior to the ICC's elimination, carriers regulated by the former
ICC had to display their MC number on both sides of their power units.
The FHWA currently permits carriers regulated by the former ICC to
display their MC number in lieu of the DOT number. This has led to
difficulties in tracking carriers' performance, so that the FHWA is not
able to identify problem carriers accurately and expeditiously.
This NPRM would require carriers regulated by the former ICC to
display a USDOT number on all of their vehicles. Vehicles would also
have to display the owner's legal name or DBA name and the city and
State of their principal place of business as designated on their
completed MCS-150. If a motor carrier is using a name for its business
that is not one of the two names on its current MCS-150, the motor
carrier would be required to submit an updated MCS-150, to the FHWA,
within 90 days from the effective date of this rule indicating a
change. Existing vehicles would be required to be marked with a USDOT
number within 2 years of promulgation of the rule, and they would have
5 years to meet the name and address requirements. New vehicles would
have to meet these requirements immediately after the effective date of
a final rule.
[[Page 32806]]
The information collection requirements contained in Form MCS-150
have been approved by the OMB under the provisions of the PRA and
assigned the control number of 2125-0544 which expires on January 31,
2000. Because this action contains new activities for motor carriers to
file the MCS-150, the FHWA is required to resubmit this proposed
collection of information, as revised, to OMB for review and approval.
Accordingly, the FHWA seeks public comment on the proposed information
collection requirement in this action.
Interested parties are invited to send comments regarding any
aspect of these information collection requirements, including, but not
limited to: (1) whether the collection of information is necessary for
the performance of the functions of the FHWA, including whether the
information has practical utility; (2) the accuracy of the estimated
burden; (3) ways to enhance the quality, utility, and clarity of the
collected information; and (4) ways to minimize the collection burden
without reducing the quality of the information collected.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 385
Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety.
49 CFR Part 390
Highway safety, Highway and roads, Motor carriers, Motor vehicle
identification and marking, Reporting and recordkeeping requirements.
Issued on: June 9, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
49, Code of Federal Regulations, chapter III, parts 385 and 390, as
follows:
PART 385--SAFETY FITNESS PROCEDURES
1. The authority citation for part 385 continues to read as
follows:
Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144
and 31502; 49 CFR 1.48.
Secs. 385.21 and 385.23 [Removed]
2. Sections 385.21 and 385.23 are removed.
Appendix A to Part 385, Form MCS-150, Motor Carrier Identification
Report [Redesignated]
3. In chapter III, appendix A to part 385, Form MCS-150, Motor
Carrier Identification Report, is redesignated as appendix A to part
390, and appendix A to part 385 is reserved.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS
General [Amended]
4. The authority citation for part 390 continues to read as
follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
31504; and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); and 49 CFR 1.48.
Sec. 390.19 [Redesignated as Sec. 390.17]
5. Section 390.19 is redesignated as Sec. 390.17.
6. A new Sec. 390.19 is added to subpart B to read as follows:
Sec. 390.19 Motor carrier identification report.
(a) All motor carriers conducting operations in interstate commerce
shall file a Motor Carrier Identification Report, Form MCS-150, before
commencing operations.
(b) The Motor Carrier Identification Report, Form MCS-150, is
available from all FHWA region and division motor carrier offices
nationwide and from the FHWA Office of Motor Carrier Information
Analysis, 400 Seventh Street, SW., Washington, D.C. 20590.
(c) The completed Motor Carrier Identification Report, Form MCS-
150, shall be filed with the FHWA, Office of Motor Carrier Information
Analysis, 400 Seventh Street, SW., Washington, DC 20590.
(d) Only the legal name or a single trade name of the motor carrier
operating the self-propelled commercial motor vehicle, as listed on the
motor carrier identification report (Form MCS-150) and submitted in
accordance with this section, may be used. If the business name
currently being used by the motor carrier is not the legal name or a
single trade name, a revised Form MCS-150 must be submitted within 90
days from the effective date of this rule to the FHWA indicating a
change.
(e) A motor carrier that fails to file a Motor Carrier
Identification Report, Form MCS-150, or furnishes misleading
information or makes false statements upon Form MCS-150, is subject to
the penalties prescribed in 49 U.S.C. 522(b).
(f) Upon receipt and processing of the Motor Carrier Identification
Report, Form MCS-150, the FHWA will issue the motor carrier an
identification number (USDOT number). The motor carrier must display
the number on every self-propelled Commercial motor vehicle, as defined
in Sec. 390.5 of this part, along with the additional information
required by Sec. 390.21.
(Approved by the Office of Management and Budget under control
number 2125-0544)
7. Section 390.21 is revised, to read as follows:
Sec. 390.21 Marking of commercial motor vehicles.
(a) General. Every self-propelled commercial motor vehicle, as
defined in Sec. 390.5 of this part, subject to subchapter B of this
chapter must be marked as specified in paragraphs (b), (c), and (d) of
this section.
(b) Nature of marking. The marking must display the following
information:
(1) The legal name or a single trade name of the motor carrier
operating the self-propelled commercial motor vehicle, as listed on the
motor carrier identification report (Form MCS-150) and submitted in
accordance with Sec. 390.19.
(2) The city or community and State [name abbreviated], in which
the carrier maintains its principal place of business.
(3) The motor carrier identification number issued by the FHWA,
preceded by the letters ``USDOT'.
(4) If the name of any person other than the operating carrier
appears on the commercial motor vehicle operated under its own power,
either alone or in combination, the name of the operating carrier shall
be followed by the information required by paragraphs (b)(1), (2), and
(3) of this section, and be preceded by the words ``operated by.''
(5) Other identifying information may be displayed on the vehicle
if it is not inconsistent with the information required by this
paragraph.
(6) Each motor carrier shall meet the following requirements
pertaining to its operation:
(i) All commercial motor vehicles that are part of a motor
carrier's existing fleet on (the effective date of the final rule) and
which are marked with an ICC MC number shall come into compliance with
paragraph (b)(3) of this section within two years.
[[Page 32807]]
(ii) All commercial motor vehicles that are part of a motor
carrier's existing fleet on (the effective date of the final rule) and
which are not marked with the address of the principal place of
business, and the legal name or DBA name on both sides of their CMVs,
as shown on the Motor Carrier Identification Report, Form MCS-150,
shall come into compliance with paragraphs (b)(1) and (2) of this
section within five years.
(iii) All commercial motor vehicles added to a motor carrier's
fleet on or after (the effective date of the final rule) shall meet the
requirements of this section before being put into service.
(c) Size, shape, location, and color of marking. The marking must--
(1) Appear on both sides of the self-propelled commercial motor
vehicle;
(2) Be in letters that contrast sharply in color with the
background on which the letters are placed;
(3) Be readily legible, during daylight hours, from a distance of
50 feet while the commercial motor vehicle is stationary; and
(4) Be kept and maintained in a manner that retains the legibility
required by paragraph (c)(3) of this section.
(d) Construction and durability. The marking may be painted on the
commercial motor vehicle or may consist of a removable device, if that
device meets the identification and legibility requirements of
paragraph (c) of this section, and such marking shall be maintained as
required by paragraph (c)(4) of this section.
(e) Rented commercial motor vehicles. A motor carrier operating a
self-propelled commercial motor vehicle under a rental agreement having
a term not in excess of 30 calendar days meets the requirements of this
section if:
(1) The commercial motor vehicle is marked in accordance with the
provisions of paragraphs (b) through (d) of this section; or
(2) The commercial motor vehicle is marked as set forth below:
(i) The name or trade name of the lessor is displayed in accordance
with paragraphs (c) and (d) of this section;
(ii) The city or community and State (name abbreviated) in which
the lessor maintains its principal place of business or in which the
commercial motor vehicle is customarily based is displayed in
accordance with paragraphs (c) and (d) of this section;
(iii) The lessor's identification number preceded by the letters
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of
this section; and
(iv) The rental agreement entered into by the lessor and the
renting motor carrier conspicuously contains the following information:
(A) The name and complete physical address of the principal place
of business of the renting motor carrier;
(B) The identification number issued the renting motor carrier by
the Federal Highway Administration, preceded by the letters ``USDOT,''
if the motor carrier has been issued such a number. In lieu of the
identification number required in this paragraph, the following may be
shown in the rental agreement:
(1) Information which indicates whether the motor carrier is
engaged in ``interstate'' or ``intrastate'' commerce; and
(2) Information which indicates whether the renting motor carrier
is transporting hazardous materials in the rented commercial motor
vehicle;
(C) The sentence: ``This lessor cooperates with all Federal, State,
and local law enforcement officials nationwide to provide the identity
of customers who operate this rental commercial motor vehicle''; and
(v) The rental agreement entered into by the lessor and the renting
motor carrier is carried on the rental commercial motor vehicle during
the full term of the rental agreement. See the leasing regulations at
49 CFR 376 (formerly 49 CFR 1057) for information that should be
included in all leasing documents.
Secs. 390.401, 390.403, 390.405, and 390.407 [Removed]
8. Part 390, subpart D, consisting of Secs. 390.401, 390.403,
390.405, and 390.407, is removed in its entirety.
[FR Doc. 98-15881 Filed 6-15-98; 8:45 am]
BILLING CODE 4910-22-P
