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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 June 2017

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27766-27767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12086]

[[Page 27765]]

Vol. 82


No. 115

June 16, 2017

Part II

Department of Transportation


Federal Motor Carrier Safety Administration


49 CFR Part 390

Lease and Interchange of Vehicles; Motor Carriers of Passengers; Final 
Rule and Proposed Rule

Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules 
and Regulations

[[Page 27766]]



Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC04

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 by one year the compliance date of the 
regulations established in the final rule on lease and interchange of 
passenger-carrying commercial motor vehicles (CMVs) published on May 
27, 2015, and effective on July 27, 2015. The new compliance date is 
January 1, 2019. The Agency received numerous petitions for 
reconsideration of the final rule and extended the original January 1, 
2017, compliance date to January 1, 2018, to provide time to address 
the issues raised by the petitioners. As a result of a public meeting 
with representatives of the passenger carrier industry in October 2016 
and further analysis of the petitions for reconsideration, the Agency 
is extending the compliance date by an additional twelve months to 
allow time to revise the regulations, while ensuring that carriers have 
ample time to adjust to the requirements of the revisions. This 
decision is explained in more detail in a notice of intent published 
elsewhere in this issue of the Federal Register.

    Effective date: June 16, 2017 until January 1, 2019.
    Compliance date: 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, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. 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), 
and effective on July 27, 2015. The American Bus Association (ABA) and 
the United Motorcoach Association (UMA) filed a joint request to extend 
the 30-day deadline to submit petitions for reconsideration. On July 1, 
2015, the Agency published a document extending that deadline until 
August 25, 2015 (80 FR 37553). The Agency received 37 petitions for 
reconsideration, which are filed in the public docket referenced above. 
After the initial review of these submissions, FMCSA held a public 
meeting on October 28, 2015, with a cross section of the petitioners to 
discuss their concerns and to gather additional details about their 
specific operations. Attending were representatives of small and large 
bus companies and charter and regular-route operators from across the 
nation. Two insurance company representatives were also invited and 
attended because of liability concerns raised in the petitions for 
reconsideration. Based on these discussions, and after further 
analysis, FMCSA concluded that some aspects of the petitions for 
reconsideration have merit. The Agency, therefore, extended the 
compliance date to January 1, 2018, to allay stakeholder concerns that 
there would not be sufficient time to adjust passenger carrier 
operations before compliance with the regulations was required (81 FR 
13998; March 16, 2016). After further review of the petitions, the 
Agency announced on August 31, 2016, that it intended to consider 
changes to four aspects of the regulations, but it also denied requests 
to reconsider other issues raised by petitioners of the rule (81 FR 
59951). The August 31 document announced that a public roundtable would 
be held to discuss the four issues that could be addressed by 
rulemaking. The roundtable was held on October 31, 2016. FMCSA has also 
published a document elsewhere in this issue of the Federal Register 
announcing its intent to revise the regulations established by the 2015 
final rule. In order to allow time for completion of those revisions, 
while giving motor carriers sufficient time to comply with the revised 
requirements, the Agency is extending the compliance date by one year, 
to January 1, 2019. The temporary section added to subpart F of 49 CFR 
part 390 when the previous extension of the compliance date was issued, 
is being updated to include the new compliance date. The temporary 
section continues to be in effect only from June 16, 2017 through 
January 1, 2019.

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 
final rule issued in May, 2015, was non-significant; this postponement 
of the compliance date does not change that designation. This rule has 
not been reviewed formally by the Office of Management and Budget 

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, final rule 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 G. 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

[[Page 27767]]

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 

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector, of $156 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2015 levels) or more in any one 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 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. FMCSA 
will request extensions of those information collections as a result of 
this extension of the compliance date.

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 final 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 as follows:


1. The authority citation for part 390 is amended 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 June 16, 2017 until January 1, 2019, revise Sec.  390.300T 
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, 2019.

    Issued under the authority delegated in 49 CFR 1.87 on: May 17, 
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-12086 Filed 6-15-17; 8:45 am]

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