Unified Registration System; Correction |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
28 July 2016
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Rules and Regulations]
[Pages 49553-49555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17461]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392
[Docket No. FMCSA-1997-2349]
RIN 2126-AB85; Formerly 2126-AA22
Unified Registration System; Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule; correction.
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SUMMARY: FMCSA is correcting the effective and compliance dates for its
August 23, 2013, Unified Registration System (URS) final rule, as
revised on October 21, 2015. The 2013 URS final rule was issued to
improve the registration process for motor carriers, property brokers,
freight forwarders, Intermodal Equipment Providers (IEPs), hazardous
materials safety permit (HMSP) applicants, and cargo tank facilities
required to register with FMCSA, and streamline the existing Federal
registration processes to ensure the Agency can more efficiently track
these entities. The October 21, 2015 final rule made slight revisions
to the 2013 rule and delayed the effective dates of that rule. This
final rule corrects the effective and compliance dates, revised in
2015, and corrects regulatory provisions that have not yet gone into
effect, as well as several temporary sections that are in effect
already, to allow FMCSA additional time to complete the information
technology (IT) systems work.
DATES: Effective Dates: The effective of this rule is July 28, 2016.
The effective date of the rule published at 80 FR 63695 (October
21, 2015), is delayed until January 14, 2017, and Sec. Sec. 365.T106,
368.T3, and 390.T200 are effective until January 13, 2017.
The corrections to the rule published October 21, 2015 (80 FR
63695), are effective on January 14, 2017.
The effective date of the rule published at 78 FR 52608 (August 23,
2013) is further delayed until January 14, 2017.
Compliance Dates: The compliance date for the rule published at 80
FR 63695 (October 21, 2015), is delayed until January 14, 2017, and new
applicants must comply with Sec. Sec. 365.T106, 368.T3 or 390.T200 (as
applicable) until January 13, 2017; private hazardous material carriers
and exempt for-hire carriers must comply with Sec. 387.19 or Sec.
387.43 (as applicable)
[[Page 49554]]
by April 14, 2017; and all entities must comply with Sec. 366.2 by
April 14, 2017.
ADDRESSES: All background documents, comments, and materials related to
this rule may be viewed in docket number FMCSA-1997-2349 using either
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616
or via email at kenneth.riddle@dot.gov. Office hours are from 8:00 a.m.
to 4:30 p.m. ET, Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Public Participation
Viewing Documents
To view comments submitted to previous rulemaking documents on this
subject, go to http://www.regulations.gov and click on the ``Read
Comments'' box in the upper right hand side of the screen. Then, in the
``Keyword'' box, insert ``FMCSA-1997-2349'' and click ``Search.'' Next,
click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the
``Title'' column, click on the document you would like to review. If
you do not have access to the Internet, you may view the docket online
by visiting the Docket Management Facility in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.
Privacy Act
All comments received were posted without change to http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT previously
solicited comments from the public to better inform its rulemaking
process. DOT posted these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Corrections
The FMCSA is correcting the effective and compliance dates for its
August 23, 2013, Unified Registration System (URS) final rule, as
revised on October 21, 2015, in order to delay implementation of the
URS provisions. While the FMCSA had hoped to be able to reach full
implementation by September 30, 2016, unforeseen delays and
complications in the IT development process require that we push the
full implementation back until January 14, 2017. These delays include
added complexities due to an unrelated system migration to the cloud
and also due to the logistics of transferring millions of records.
In order to make this change, FMCSA must correct regulatory
provisions that have not yet gone into effect, as well as several
temporary sections that are in effect already. The method for making
corrections differs depending upon whether or not the provision being
corrected has gone into effect. First, under the heading ``Federal
Register corrections,'' we provide the corrections for those provisions
that are not yet in effect; these corrections will update the effective
date for those provisions from September 30, 2016, to January 14, 2017.
This will also update the compliance dates for certain provisions from
December 31, 2016, to April 14, 2017.
We are also making minor corrections to fix errors found in the
final rule published on October 21, 2015. In Sec. 366.4, we are adding
a sentence to clarify the requirements for motor carriers operating in
Hawaii or Alaska, as these were inadvertently not covered in the
original text. In Sec. 385.305, we are correcting the reference to the
online registration form MCSA-1, which was published without the ``1''
after the hyphen. In Sec. 387.301, we are correcting the text in
paragraph (a)(1) to clarify the financial responsibility requirements
for school buses, including third parties providing school bus
services. We have identified this as an area causing confusion, so a
correction is needed.
After those corrections, numbered 1 through 6, we present the
corrections to those provisions that came into effect on December 12,
2015. These corrections, which follow the ``CFR amendments'' heading,
are presented as you would see amendatory instructions in any final
rule. The result of these corrections will be to extend the effective
dates of the temporary provisions in parts 365, 368, and 390 to January
14, 2017.
Federal Register Corrections
In FR Doc. 2015-26625 appearing on page 63695 in the Federal
Register of Wednesday, October 21, 2015 (80 FR 63695), make the
following corrections:
1. Beginning on page 63702, in the first column, in amendatory
instruction #1 and continuing through all of the amendatory
instructions except for #5, #24, and #59, the date ``September 30,
2016'' is corrected to read ``January 14, 2017''.
2. On page 63706, in the first column, in Sec. 366.2, the date
``December 31, 2016'' is corrected to read ``April 14, 2017''.
3. On page 63706, in the first column, in Sec. 366.4(a), the text
is corrected to read ``Every motor carrier, except a motor carrier
operating exclusively in Alaska or Hawaii, must designate process
agents for all 48 contiguous States and the District of Columbia,
unless its operating authority registration is limited to fewer than 48
States and DC. When a motor carrier's operating authority registration
is limited to fewer than 48 States and DC, it must designate process
agents for each State in which it is authorized to operate and for each
State traversed during such operations. Every motor carrier operating
in the United States in the course of transportation between points in
a foreign country shall file a designation for each State traversed.
Every motor carrier maintaining a principal place of business and
operating exclusively in Alaska or Hawaii must designate a process
agent for the State where operations are conducted.''
4. On page 63707, in the second column, in Sec. 385.305(b)(2), the
phrase ``Form MCSA-,'' is corrected to read ``Form MCSA-1,''.
5. On page 63709, in the first column, in Sec. 387.19, the date
``December 31, 2016'' is corrected to read ``April 14, 2017''.
6. On page 63709, in the third column, in Sec. 387.301(a)(1), the
text is corrected by adding the following sentence at the end of the
paragraph: ``Passenger motor carriers exempt under Sec. 387.27 of this
part are not subject to this limitation on transportation or required
to file evidence of financial responsibility.''
CFR Amendments
List of Subjects
49 CFR Part 360
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Hazardous materials transportation, Highway safety,
Insurance, Motor carriers, Motor vehicle safety, Moving of household
goods, Penalties, Reporting and recordkeeping requirements, Surety
bonds.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Motor carriers, Moving of household goods.
[[Page 49555]]
49 CFR Part 366
Brokers, Motor carriers, Freight forwarders, Process agents.
49 CFR Part 368
Administrative practice and procedure, Insurance, Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, subchapter B, parts 365, 368, and 390 are corrected by making the
following correcting amendments:
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
1. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; 49 CFR 1.87.
0
2. Revise Sec. 365.T106(d) to read as follows:
Sec. 365.T106 Starting the application process: URS online
application.
* * * * *
(d) This section is in effect from December 12, 2015 through
January 13, 2017.
PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH
MUNICIPALITIES
0
3. The authority citation for part 368 continues to read as follows:
Authority: 49 U.S.C. 13301 and 13902; Pub. L. 106-159, 113
Stat. 1748; and 49 CFR 1.87.
0
4. Revise Sec. 368.T3(d) to read as follows:
Sec. 368.T3 Starting the application process: URS online application.
* * * * *
(d) This section is in effect from December 12, 2015 through
January 13, 2017.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
5. The authority citation for part 390 continues 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, 1743-44); 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.
0
6. Revise Sec. 390.T200(a) and (d) to read as follows:
Sec. 390.T200 USDOT Registration.
(a) Purpose. This section establishes who must register with FMCSA
using the Form MCSA-1, the URS online application, beginning on
December 12, 2015 and continuing through January 13, 2017.
* * * * *
(d) Effective period. This section is in effect from December 12,
2015, through January 13, 2017.
Issued under authority delegated in 49 CFR 1.87 on: July 14,
2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17461 Filed 7-27-16; 8:45 am]
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