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Lease and Interchange of Vehicles; Motor Carriers of Passengers

American Government Special Collections Reference Desk

American Government Buses

Lease and Interchange of Vehicles; Motor Carriers of Passengers

Daphne Y. Jefferson
Federal Motor Carrier Safety Administration
16 March 2016

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13998-14000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05932]



Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AB90

Lease and Interchange of Vehicles; Motor Carriers of Passengers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; extension of compliance date.


SUMMARY: FMCSA extends the compliance date by which motor carriers of 
passengers operating CMVs under a lease or interchange agreement are 
subject to the FMCSA final rule published May 27, 2015, for one year, 
to January 1, 2018. The Agency received numerous petitions for 
reconsideration of the final rule and based upon a review of the 
petitions, determined that the compliance date should be extended to 
provide sufficient time to address the issues raised by the 
petitioners. The Agency is adding a temporary section to its 
regulations to inform the public of this extension. There will no 
longer be a need for the section on the compliance date after January 
1, 2018, thus the temporary section will be in effect only from March 
16, 2016 through January 1, 2018.

DATES: Effective date: March 16, 2016 until January 1, 2018. Compliance 
date: As of March 16, 2016, the compliance date for the requirements in 
subpart F to 49 CFR part 390 (Sec. Sec.  390.301, 390.303, and 390.305) 
is extended until January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 366-2400, 
loretta.bitner@dot.gov, Office of Enforcement and Compliance. FMCSA 
office hours are from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.


I. Background

    On May 27, 2015, FMCSA published a final rule entitled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers,'' 80 FR 30164 
(May 27, 2015). The American Bus Association (ABA) and United 
Motorcoach Association (UMA) filed a joint request for an extension of 
the June 26, 2015, deadline for the submission of petitions for 
reconsideration of the final rule. (80 FR 37553). On July 1, 2015, the 
Agency announced an extension of the deadline

[[Page 13999]]

for petitions for reconsideration, until August 25, 2015. (80 FR 
    The Agency ultimately received 24 unique letters and 24 form 
letters with additional text as petitions for reconsideration, all of 
which were filed in the public docket referenced above. After the 
initial review of the petitions, FMCSA held a meeting on October 28, 
2015, with a cross section of the petitioners. Attending were 
representatives from small and large bus companies, charter and 
regular-route operations and diverse areas of the nation. Additionally, 
two insurance company representatives were invited due to the concerns 
raised in the petitions about liability. The purpose of the meeting was 
to have an open discussion about petitioners' concerns and to gather 
additional details about their specific operations.
    Based on these communications, and after further analysis, FMCSA 
has concluded that some of the petitions for reconsideration may have 
merit. FMCSA mailed a letter to each petitioner on September 9, 2015, 
acknowledging the Agency had received the petition and will process the 
petition in accordance with 49 CFR 389.35, ``Petitions for 
Reconsideration.'' After the Agency has reviewed all relevant 
information and a determination has been made, the petitioner will 
again be notified by letter. While the Agency is not yet in a position 
to grant or deny the petitions, it is mindful of the approaching 
compliance date of January 1, 2017, and it wishes to allay stakeholder 
concerns that there will not be sufficient time to adjust passenger 
carrier operations before compliance with the final rule is required. 
The Agency is therefore extending the compliance date to January 1, 
2018. The Agency is adding a temporary section Sec.  390.300T to 
subpart F of 49 CFR part 390 to inform the public of this extension. 
There will no longer be a need for the temporary section dealing with 
the compliance date after January 1, 2018, thus the temporary section 
will be in effect only from March 16, 2016 through January 1, 2018.

II. Regulatory Analyses

A. Regulatory Planning and Review

    FMCSA has determined that this action is a non-significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT 
regulatory policies and procedures (44 FR 1103, February 26, 1979). The 
Agency does not expect the rule to generate substantial congressional 
or public interest. This rule has not been reviewed formally by the 
Office of Management and Budget (OMB).
    Please review the final rule's Regulatory Evaluation in docket 
FMCSA-2012-0103 for a thorough discussion of the assumptions the Agency 
made, the public comments the Agency considered, the options/
alternatives considered in developing the final rule, the analysis 
conducted, and the petitions for reconsideration received to the May 
27, 2015, final rule 80 FR 30164.

B. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (RFA), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act 
of 2010 (Pub. L. 111-240, September 27, 2010), requires FMCSA to 
perform a detailed analysis of the potential impact of the final rule 
on small entities. Accordingly, DOT policy requires that agencies shall 
strive to lessen any adverse effects on these businesses and other 
entities. The Final Regulatory Flexibility Analysis conducted as part 
of the May 27, 2015, continues to be applicable to this final rule.
Assistance for Small Entities
    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this rule so that they can better evaluate its effects 
on themselves. If the rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult the 
FMCSA point of contact, Loretta Bitner, listed in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA's Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-
734-3247). DOT has a policy ensuring the rights of small entities to 
regulatory enforcement fairness and an explicit policy against 
retaliation for exercising these rights.

C. Federalism (Executive Order 13132)

    A rule has federalism implications if it has a substantial direct 
effect on State or local governments and would either preempt State law 
or impose a substantial direct cost of compliance on the States. FMCSA 
analyzed this rule under E.O. 13132 and has determined that it has no 
federalism implications.

D. Unfunded Mandates Reform Act of 1995

    This final 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 would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $155 
million (which is the value of $100 million in 2014 after adjusting for 
inflation) or more in any 1 year.

E. Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

F. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. The 
Agency has determined that this rule does not create an environmental 
risk to health or safety that would disproportionately affect children.

G. Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it would not effect a 
taking of private property or otherwise have taking implications.

H. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This final rule does not require the 
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a

[[Page 14000]]

matching program. FMCSA has determined this final rule does not result 
in a new or revised Privacy Act System of Records for FMCSA.

I. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

J. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. On August 5, 2015, OMB approved the May 27, 2015, final 
rule's two information collections titled ``Commercial Motor Vehicle 
Marking Requirements,'' OMB No. 2126-0054, and ``Lease and Interchange 
of Motor Vehicles,'' OMB No. 2126-0056. OMB has set the dates for both 
of these information collections to expire on August 31, 2018.

K. National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this final rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004, in the Federal Register (69 FR 9680), that 
this action is categorically excluded from further environmental 
documentation under Appendix 2, Paragraphs y (2) and y (7) of the Order 
(69 FR 9702). These categorical exclusions relate to:
     y (2) Regulations implementing motor carrier 
identification and registration reports; and
     y (7) Regulations implementing prohibitions on motor 
carriers, agents, officers, representatives, and employees from making 
fraudulent or intentionally false statements on any application, 
certificate, report, or record required by FMCSA.
    Thus, the final action will not require an environmental assessment 
or an environmental impact statement.
    FMCSA also analyzed this proposed rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.

L. Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it is 
not economically significant and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part 
390 in title 49, Code of Federal Regulations, chapter III, subchapter 
B, as follows:


1. The authority citation for part 390 is revised to read as follows:

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677-1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 
1726, 1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.

2. Effective March 16, 2016 until January 1, 2018, add Sec.  390.300T 
to subpart F to read as follows:

Sec.  390.300T  Compliance date.

    Motor carriers of passengers operating CMVs under a lease or 
interchange agreement are subject to Sec. Sec.  390.301, 390.303, and 
390.305 of this subpart on January 1, 2018.

    Issued under the authority delegated in 49 CFR 1.87 on: March 
10, 2016.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2016-05932 Filed 3-15-16; 8:45 am]

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