[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Proposed Rules]
[Pages 48518-48522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23027]
Federal Register / Vol. 64, No. 171, Friday, September 3, 1999 /
Proposed Rules
[[Page 48518]]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 390
[FHWA Docket No. FHWA-99-5710]
RIN 2125-AE60
Federal Motor Carrier Safety Regulations; Requirements for
Operators of Small Passenger-Carrying Commercial Motor Vehicles
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA is proposing to amend the Federal Motor Carrier
Safety Regulations (FMCSRs) to require that motor carriers operating
commercial motor vehicles (CMVs) designed or used to transport between
9 and 15 passengers (including the driver) for compensation file a
motor carrier identification report, mark their CMVs with a USDOT
identification number and certain other information (i.e., name or
trade name and address of the principal place of business), and
maintain an accident register. This action is in response to the
Transportation Equity Act for the 21st Century (TEA-21). Section
4008(a) of TEA-21 amended the definition of the term ``commercial motor
vehicle'' to cover these vehicles. In a separate document published
elsewhere in today's Federal Register the FHWA is adopting the
statutory definition of a CMV found at 49 U.S.C. 31132 to be consistent
with the statute, but is exempting for six months the operation of
these small passenger-carrying vehicles from all of the FMCSRs, to
allow time for the completion of this rulemaking.
DATES: Comments must be received on or before November 2, 1999.
ADDRESSES: Submit written, signed comments to FHWA Docket No. FHWA-99-
5710, 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 from 9 a.m. to 5 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. Larry W. Minor, Office of Motor
Carrier Research and Standards, HMCS-10, (202) 366-4009; or Mr. Charles
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,
Federal Highway Administration, 400 Seventh Street, SW., Washington,
D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users can access all comments that were submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-001, in response to previous rulemaking notices
concerning the docket referenced at the beginning of this notice by
using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at
http://www.nara.gov/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Background
Section 4008(a)(2) of TEA-21 (Pub. L. 105-178, 112 Stat. 107, June
9, 1998) amended the passenger-vehicle component of the CMV definition
in 49 U.S.C. 31132(1). Section 4008 also changed the weight threshold
in the CMV definition by adding ``gross vehicle weight'' (GVW) to the
previous ``gross vehicle weight rating'' (GVWR). The agency may now
exercise jurisdiction based on the GVW or GVWR, whichever is greater.
For example, a vehicle with a GVWR of 9,500 pounds that was loaded to
10,500 pounds GVW would be subject to the FMCSRs if it was operating in
interstate commerce. Commercial motor vehicle is now defined (in 49
U.S.C 31132) to mean a self-propelled or towed vehicle used on the
highways in interstate commerce to transport passengers or property, if
the vehicle--
(A) Has a gross vehicle weight rating or gross vehicle weight of at
least 10,001 pounds, whichever is greater;
(B) Is designed or used to transport more than 8 passengers
(including the driver) for compensation;
(C) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation; or
(D) Is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of this title and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under section 5103.
Under section 4008(b) of TEA-21, operators of the CMVs defined by
49 U.S.C. 31132(1)(B) will automatically become subject to the FMCSRs
one year after the date of enactment of TEA-21, if they are not already
covered, ``except to the extent that the Secretary [of Transportation]
determines, through a rulemaking proceeding, that it is appropriate to
exempt such operators of commercial motor vehicles from the application
of those regulations.''
The FHWA views section 4008 of TEA-21 as a mandate either to impose
the FMCSRs on previously unregulated smaller capacity vehicles, or to
exempt through a rulemaking proceeding some, or all, of the operators
of such vehicles.
FHWA's Advance Notice of Proposed Rulemaking
On August 5, 1998 (63 FR 41766), the FHWA published an advance
notice of proposed rulemaking (ANPRM) to announce that the agency was
considering amending the FMCSRs in response to section 4008(a) of the
TEA-21, to seek information about the potential impact of the TEA-21
definition, and to request public comment on whether any class of
vehicles should be exempted. The agency also requested comment on
whether the term ``for compensation'' may be interpreted to distinguish
among the types of van services currently in existence.
Summary of the Comments to the ANPRM
The FHWA received 733 comments in response to the ANPRM. The
commenters included State and local government agencies, transit
authorities, vanpool organizations, vanpool members, universities,
trade associations, and members of Congress, as well as private
citizens. Most (more than 720) of the commenters were opposed to making
the FMCSRs applicable to the operation of small passenger-carrying
CMVs. However, several commenters believed it is necessary to regulate
these vehicles and, in certain cases, identified what they believe are
the specific safety issues section 4008(a) was intended to resolve. A
detailed discussion of the comments is provided in an interim final
rule, published elsewhere in today's Federal Register, exempting these
motor carriers from the FMCSRs for a period of six months.
[[Page 48519]]
Summary of the FHWA's Response to Comments
As indicated in the interim final rule, the FHWA has considered all
of the comments received in response to the ANPRM and determined there
is insufficient data concerning the safety performance of motor
carriers operating CMVs designed or used to transport 9 to 15 passenger
(including the driver) for compensation, to justify making the FMCSRs
applicable to them. Commenters to the docket have expressed opinions
for and against regulating operators of passenger-carrying vehicles
designed to transport 9 to 15 passengers (including the driver), but
none of the commenters have presented safety data that could be useful
in deciding whether to regulate such motor carriers. While the FHWA
acknowledges that there may be safety benefits to extending the
applicability of the FMCSRs to the operation of small passenger-
carrying CMVs for compensation, a mere assumption does not satisfy the
agency's obligation to quantify the benefits of rulemaking.
Given the statutory deadline of June 9, 1999, for deciding whether
to exempt the operation of small passenger-carrying CMVs from the
FMCSRs, the FHWA has decided that it is in the public interest to limit
the applicability of the FMCSRs to the motor carrier operations covered
prior to the enactment of TEA-21 for the time being. The FHWA currently
has no useful data on the relative safety of small passenger CMVs. In
the absence of such data, the agency has no rational basis for
extending the FMCSRs to this class of vehicles. Accordingly, in a
separate rulemaking document published elsewhere in today's Federal
Register, the FHWA is exempting for a period of six months, all of the
operators of small passenger-carrying CMVs from the FMCSRs to allow
time for the completion of this rulemaking.
Discussion of the Proposal
The FHWA believes that action must be taken to learn more about the
operational safety of motor carriers operating small passenger vehicles
for compensation. The agency is proposing that these motor carriers be
required to complete a motor carrier identification report (49 CFR
385.21), and comply with the FHWA's CMV marking regulation (49 CFR
390.21) which would include displaying a USDOT motor carrier
identification number on all vehicles designed or used to transport 9
to 15 passengers for compensation in interstate commerce. The agency
would also require that these motor carriers maintain an accident
register (49 CFR 390.15).
Motor Carrier Identification Report
Section 385.21 of the FMCSRs requires motor carriers to file Form
MCS-150, Motor Carrier Identification Report, within 90 days after
beginning operations in interstate commerce. The information from the
Form MCS-150 is used to create a file in the Motor Carrier Management
Information System (MCMIS), a database containing safety information
(e.g., compliance review results, roadside inspection results, CMV
accidents, etc.) about interstate motor carriers.
The FHWA is proposing that operators of small passenger-carrying
CMVs be required to file Form MCS-150 to enable the agency to determine
how many motor carriers are affected by the TEA-21 revision to the CMV
definition, the number of drivers employed and vehicles operated by
these carriers, and the principal place of business for each of these
entities. Each motor carrier would be assigned a USDOT census or
identification number which, when marked on each CMV operated by the
motor carrier, could help enforcement officials and the general public
identify these businesses.
Vehicle Marking
Section 390.21 requires that motor carriers mark their CMVs with
the name or trade name of the business, the city or community and State
in which the motor carrier maintains its principal place of business,
and its motor carrier identification number. The FHWA requests comments
on the practical utility of applying these marking requirements to the
operators of small passenger-carrying CMVs. The FHWA would require the
operators of small passenger-carrying vehicles to comply with all the
provisions of Sec. 390.21 to ensure that enforcement officials and the
public can identify their vehicles and that accidents (as defined in 49
CFR 390.5) can be recorded by the States and entered into the FHWA's
SAFETYNET database. The FHWA would use the information to study the
number and locations of accidents, and the motor carriers involved, to
determine if there are patterns or trends concerning the safety
performance of these carriers.
Accident Register
Section 390.15 requires that motor carriers make all records and
information pertaining to an accident available to the FHWA upon
request. Motor carriers must give the FHWA all reasonable assistance in
the investigation of any accident. Motor carriers also must maintain at
the principal place of business, for a period of one year after an
accident occurs, an accident register with the following information:
(1) Date of the accident;
(2) City or town in which or most near where the accident occurred,
and the State in which the accident occurred;
(3) Driver's name;
(4) Number of injuries;
(5) Number of fatalities; and
(6) Whether hazardous materials, other than fuel spilled from the
fuel tanks of the motor vehicles involved in the accident, were
released.
Copies of all accident reports required by State or other
government entities or insurers also must be maintained by the motor
carriers.
The FHWA is proposing that operators of CMVs designed or used to
transport 9 to 15 passengers be required to comply with Sec. 390.15 to
assist the agency in conducting investigations and, if necessary,
special studies about the safety performance of particular motor
carriers or segments of the industry. For example, if one of a motor
carrier's vehicles is involved in a major accident or a series of
accidents, the FHWA could review the records required by Sec. 390.15 as
part of the process of determining whether there are deficiencies with
the carrier's safety management controls.
Explanation of the Term ``For Compensation''
The TEA-21 definition of a passenger CMV includes the phrase ``for
compensation'' in 49 U.S.C. 31132(1)(B). However, TEA-21 did not
include a definition of the phrase. The FHWA considers the term to be
synonymous with ``for hire.'' The FHWA intends that this rulemaking be
applicable to all interstate for-hire motor carriers of passengers
operating CMVs designed or used to transport 9 to 15 people. Although
some commenters to the FHWA's ANPRM suggested that a distinction be
made between motor carriers that are ``directly compensated'' and those
that are ``indirectly compensated,'' the agency does not believe it is
appropriate to exempt a for-hire motor carrier from the requirements
being proposed on the basis of how the motor carrier is paid for its
services. The FHWA requests comments on this issue.
On April 4, 1997 (62 FR 16370), the FHWA published Regulatory
Guidance for the Federal Motor Carrier Safety Regulations. Page 16407
of that notice includes an interpretation of ``for-hire motor
carrier.'' The guidance states:
The FHWA has determined that any business (emphasis added)
entity that
[[Page 48520]]
assesses a fee, monetary or otherwise, directly or indirectly for
the transportation of passengers is operating as a for-hire carrier.
Thus, the transportation for compensation in interstate commerce of
passengers by motor vehicles (except in six-passenger taxicabs
operating on fixed routes) in the following operations would
typically be subject to all parts of the FMCSRs, including part 387:
whitewater river rafters; hotel/motel shuttle transporters; rental
car shuttle services, etc. These are examples of for-hire carriage
because some fee is charged, usually indirectly in a total package
charge or other assessment for transportation performed.
The reference to six-passenger taxicabs operating on fixed routes
was included in the guidance because of the ICC Termination Act of 1995
(ICCTA) (Pub. L. 104-88, 109 Stat. 803, 919). The ICCTA amended the
statutory definition of a CMV prior to TEA-21, adding ``designed or
used to transport passengers for compensation, but exclud(es) vehicles
providing taxicab service and having a capacity of not more than 6
passengers and not operated on a regular route or between specified
places.'' The TEA-21 resulted in the removal of this clause from the
definition of CMV.
An example of transportation that would not be covered by this
rulemaking is commuter vanpools. The FHWA understands that passengers
in many vanpools pay a monthly fee to an individual, who either owns or
leases the van. The FHWA does not believe this is a business. The
individual uses this money not as a source of income or in the
furtherance of a commercial enterprise, but to pay for the van,
insurance premiums, fuel, and maintenance. There may be surplus funds
each month that are put in reserve to cover unexpected costs, or losses
of revenue during periods in which vanpool membership decreases. The
FHWA, however, does not believe that this type of arrangement should be
considered ``for compensation'' and does not intend to regulate such
operations. The agency requests comments on the nature of these
operations.
Rulemaking Analysis and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is a significant
regulatory action within the meaning of Executive Order 12866 and
significant within the meaning of Department of Transportation
regulatory policies and procedures because of the substantial public
interest concerning the possible extension of the applicability of the
FMCSRs to a larger population of motor carrier operations. This
rulemaking proposal would require that operators of vehicles designed
or used to carry between 9 and 15 passengers (including the driver),
for compensation in interstate commerce file a motor carrier
identification report, mark their CMVs with a USDOT identification
number, and maintain an accident register.
The FHWA believes the costs of complying with the requirements to
submit a motor carrier identification report and to maintain an
accident register are negligible. These requirements impose only
information collection burdens (i.e., completion of forms,
recordkeeping, etc.) and are discussed in greater detail below in the
``Paperwork Reduction Act'' section of this notice.
The FHWA estimates that the cost of marking CMVs will be between
$11 and $26 per vehicle depending on the number of vehicles the motor
carrier operates. The cost estimates are based upon the FHWA's
preliminary regulatory evaluation and regulatory flexibility analysis
prepared for the June 16, 1998 (63 FR 32801), notice of proposed
rulemaking about CMV marking requirements. The complete regulatory
evaluation and regulatory flexibility analysis are included in FHWA
Docket No. FHWA-98-3547.
Since motor carriers operating CMVs designed or used to transport 9
to 15 passengers currently are not required to complete Form MCS-150,
the FHWA does not have sufficient data to estimate the total number of
CMVs that would need to be marked in accordance with Sec. 390.21.
However, one of the commenters responding to the FHWA's August 5, 1998,
ANPRM (63 FR 41766) provided information that may be useful in
estimating the population of vehicles that would need to be marked. The
International Taxicab and Livery Association (ITLA) stated:
According to information available to ITLA, there are approximately
50,000 limousines in use that would be affected by the definitional
change. It should be noted that there are over 9000 limousine operators
nationwide (also operating premium sedan services), and that the median
fleet size is less than 5. In addition, the average annual miles
operated by limousines is approximately 23,000 miles.
ITLA estimates that there are approximately 74,000 vans
nationwide--``the breakdown between ``mini-vans'' and those affected by
the proposed definition is not available. Van fleets average less than
10 vans, with an approximate annual mileage of 40,000 per vehicle, and
an average trip length of less than 8 miles lasting significantly less
than 1 hour.
In September of 1998, the American Business Information (a mailing
list sales company) released a sales catalog that reports the following
information:
------------------------------------------------------------------------
Number of
SIC code Type of service U.S.
companies
------------------------------------------------------------------------
4111-01.......................... Airport Transportation.. 4,752
4119-01.......................... Handicapped 1,302
Transportation.
4119-03.......................... Limousine Transportation 9,482
4121-01.......................... Taxicab Transportation.. 7,348
------------
Total............... 22,884
------------------------------------------------------------------------
The ITLA indicated that, if the FHWA decides to make the FMCSRs
applicable to the operation of small passenger-carrying vehicles,
approximately 14,000 companies, 125,000 vehicles, and 165,000 drivers
would be covered. If there are 125,000 vehicles designed or used to
transport 9 to 15 passengers for compensation in interstate commerce,
[[Page 48521]]
the costs to the industry for marking CMVs could be between $1,375,000
and $3,250,000. The costs are one-time expenses and would not be
recurring. Generally, the marking would last the normal life of the
vehicle.
At this time, the FHWA is not able to specifically quantify the
safety benefits resulting from requiring CMVs to be marked. The
requirement is necessary because it would be used to monitor the safety
performance of these motor carriers. The safety performance data
ultimately would be used to determine whether there are safety problems
with operators of small passenger-carrying CMVs, and whether other
FMCSRs should be made applicable to them. The FHWA specifically
requests comments on the potential costs and benefits of the proposed
requirements.
The FHWA has considered other rulemaking options such as, not
imposing any regulatory burdens on these motor carriers, excluding the
marking requirements from this rulemaking proposal, or imposing more
stringent requirements. The agency believes the option chosen would be
most effective at helping to achieve its objective to monitor the
safety performance of these passenger carriers. Based upon the
information above, the agency anticipates that the economic impact
associated with this rulemaking action is minimal and a full regulatory
evaluation is not necessary.
Regulatory Flexibility Act
The FHWA has considered the effects of this regulatory action on
small entities and determined that this proposal could affect a
substantial number of small entities, but would not have a significant
impact on these entities. If the ITLA's estimate of 14,000 interstate
motor carriers operating CMVs designed or used to transport 9 to 15
passengers is accurate, and most or all of these businesses are
classified as small businesses by the Small Business Administration
(SBA), the rulemaking would affect up to 14,000 small entities.
Generally, the costs per vehicle for small companies to mark their
CMVs would be greater than those for large companies. If a motor
carrier has between 1 to 6 vehicles, the total cost per vehicle for
marking is estimated at $26. The motor carrier's total cost would
therefore be between $26 and $156. For a motor carrier operating 7 to
20 CMVs, the total cost per vehicle marking would be $21. The total
cost for the motor carrier's fleet would be between $147 and $420. For
a fleet of 21-99 vehicles, the total cost per vehicle marking would
decrease to $16. The total cost for the motor carrier's fleet would be
between $336 and $1,584. And, for a fleet of 100 to 999 vehicles the
cost per vehicle marking would decrease to $11. The total fleet cost
would be between $1,100 and $10,989.
For the purpose of this rulemaking analysis, the FHWA will use the
ITLA estimate for the number of business, vehicles, and drivers. The
FHWA's data concerning carriers that have operating authority can only
be used to identify 1,636 interstate motor carriers operating vehicles
designed or used to transport 9 to 15 passengers. The agency believes
there are many more carriers and that the ITLA's estimate appears to be
a reasonable number. The FHWA requests comments on the number of motor
carriers that would be subject to the proposed requirements, and the
number of such carriers that are classified as small businesses.
Based on its analysis summarized above, the FHWA believes that this
rulemaking could affect a substantial number of small entities, but
would not have a significant impact on these entities. For example, if
a small entity operated between 7 and 20 CMVs, the total cost per
vehicle marking would be $21. The total cost for the motor carrier's
fleet would be between $147 and $420. The FHWA does not consider this
total fleet cost to be a significant impact on a business operating 20
vehicles. The FHWA, in compliance with the Regulatory Flexibility Act
(5 U.S.C. 601-612), has considered the economic impacts of the proposed
requirements on small entities and certifies that this rule would not
have a significant economic impact on a substantial number of small
entities.
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 this rulemaking does not have sufficient Federalism implications
to warrant the preparation of a Federalism assessment. Nothing in this
document directly preempts any State law or regulation.
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, sponsor, or require through regulations. The FHWA has
determined that this proposal contains new collection of information
requirements for the purposes of the PRA. The FHWA is proposing that
motor carriers operating CMVs designed or used to transport 9 to 15
passengers 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 also assist Federal and State
officials in accident investigations.
The information collection requirements contained on 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. The FHWA estimates it takes approximately 20 minutes for
interstate motor carriers to complete a Form MCS-150. The agency
estimates that as a result of this rulemaking, 14,000 interstate motor
carriers, currently not subject to the FHWA's safety regulations, would
have to complete the Form MCS-150. Motor carriers are required to
complete the form within 90 days after beginning operations. Motor
carriers may have the information updated but are not required to
periodically submit a new Form MCS-150. Therefore, the FHWA estimates
an additional burden of 4,667 hours [(20 minutes per motor carrier x
14,000 motor carriers)/60 minutes per hour] to OMB 2125-0544. Because
this action contains a proposal to require businesses currently not
subject to 49 CFR 385.21 to file the Form 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
this proposed information collection requirement.
The information collection requirements for the accident register
have been approved by the OMB under the provisions of the PRA and
assigned the control number of 2125-0526 which expires on August 31,
2002. The FHWA estimates it takes approximately 18 minutes for
interstate motor carriers to collect and record the seven elements of
information on the accident register. However, since the FHWA does not
have sufficient information to estimate the number of accidents
operators of small passenger-carrying CMVs have each year, the agency
is unable to
[[Page 48522]]
estimate the total time burden. If each of the estimated 14,000
interstate motor carriers operating small passenger-carrying vehicles
has one accident per year, an additional burden of 4,200 hours per year
[(18 minutes per motor carrier x 14,000 motor carriers)/60 minutes
per hour] would be added to OMB No. 2125-0526. Because this action
contains a proposal to require businesses currently not subject to 49
CFR 390.15 to maintain an accident register, 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
this proposed information collection requirement.
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
collection 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 rulemaking for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
has determined that this action does not have any effect on the quality
of the environment.
Unfunded Mandates Reform Act
This rule does not impose an unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.),
that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year.
Regulation Identification Number
A regulatory 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 390
Highway safety, Motor carriers, Motor vehicle identification and
marking, Reporting and recordkeeping requirements.
Issued on: August 30, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
49, Code of Federal Regulations, chapter III, as follows:
PART 390--[AMENDED]
1. The authority citation for part 390 continues to read as
follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); and 49 CFR 1.48.
2. Amend Sec. 390.3 to revise paragraph (f)(6) to read as follows:
Sec. 390.3 General Applicability.
* * * * *
(f) Exceptions.
* * * * *
(6) The operation of commercial motor vehicles designed to
transport less than 16 passengers (including the driver). However,
motor carriers operating these vehicles for compensation are required
to comply with 49 CFR 385.21, Motor carrier identification report, 49
CFR 390.15, Assistance in investigations and special studies, and 49
CFR 390.21, Marking of commercial motor vehicles.
[FR Doc. 99-23027 Filed 9-2-99; 8:45 am]
BILLING CODE 4910-22-P
