Lease and Interchange of Vehicles; Motor Carriers of Passengers; Extension of Compliance Date |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
4 December 2018
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62505-62508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26249]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
[Docket No. FMCSA-2012-0103]
RIN 2126-AC22
Lease and Interchange of Vehicles; Motor Carriers of Passengers;
Extension of Compliance Date
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule; extension of compliance date.
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SUMMARY: FMCSA extends the compliance date of the May 27, 2015, final
rule titled ``Lease and Interchange of Vehicles; Motor Carriers of
Passengers,'' from January 1, 2019, to January 1, 2021. The final rule
received 37 petitions for reconsideration. To address the concerns in
the petitions, FMCSA initiated a new notice of proposed rulemaking
(NPRM) that also included a proposal to extend the compliance date of
the 2015 final rule from January 1, 2019, to January 1, 2021. This
extension of the compliance date is necessary to provide time to
consider all the issues raised in comments to the NPRM and to publish a
final rule, while giving motor carriers sufficient time to comply with
the revised requirements.
DATES:
Effective date: December 4, 2018 until January 1, 2021.
Compliance date: As of December 4, 2018, the compliance date for
the requirements in subpart F of 49 CFR part 390 (Sec. Sec. 390.300T,
390.301, 390.303, and 390.305) is extended until January 1, 2021.
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.
SUPPLEMENTARY INFORMATION:
I. Background
A. History
On May 27, 2015, FMCSA published a final rule titled ``Lease and
Interchange of Vehicles; Motor Carriers of Passengers'' (80 FR 30164).
The American Bus Association (ABA) and United Motorcoach Association
(UMA) filed a joint request for an extension of the June 26, 2015,
deadline to submit petitions for reconsideration of the final rule (80
FR 37553). On July 1, 2015, the Agency extended the deadline for such
petitions until August 25, 2015 (80 FR 37553).
The Agency received 37 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 geographic areas of the nation. Additionally, two insurance
company representatives were invited due to litigation and financial
liability concerns. The purpose of the meeting was to have an open
discussion and to gather additional details about petitioners' specific
operations and concerns.
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 2015 final rule,
but it also denied requests to reconsider other issues raised by
petitioners (81 FR 59951). The August 31 document announced that a
public roundtable would be held to discuss the four issues. The
roundtable was held on October 31, 2016.
On June 16, 2017, FMCSA published a final rule (2017 final rule)
and a proposal in the Federal Register (82 FR 27766, and 27768). The
2017 final rule extended the compliance date of the 2015 final rule
from January 1, 2018, to January 1, 2019. The proposal provided
information about FMCSA's planned revisions to the 2015 final rule and
requested public comment on those revisions.
B. Related Activity
To address the concerns in the petitions, FMCSA published an NPRM
on September 20, 2018 (83 FR 47764). This NPRM (RIN 2126-AC07) proposed
to extend the compliance date of the 2015 final rule from January 1,
2019, to January 1, 2021. It also included proposed revisions to the
2015 final rule and requested public comment by November 19, 2018.
In October 2018, several passenger carriers petitioned FMCSA to
extend the compliance date immediately in accordance with the Agency's
prior commitments and provide sufficient time to finalize the NPRM, to
avoid an uncertain operating environment, confusion, and disruption in
industry operations. ABA wrote that the outcome of an uncertain
business environment is entirely avoidable. The Agency should take the
same action it has taken on two prior occasions, and simply publish a
final rule to extend the compliance date of the current rule. ABA
argued that extending the compliance date would not affect safety, as
the current rule has never been in force; nor would an extension
interfere with the rulemaking process to finalize revisions to the
current rule. Further, the Agency has committed to extending the
compliance date on several occasions for the stated purpose of allowing
sufficient time to complete revisions to the current rule.
C. Comments Received
FMCSA received 15 comments supporting the extension of the
compliance date of the 2015 final rule to January 1, 2021. The
extension is necessary to provide time to consider all the issues and
to publish a final rule, while giving motor carriers sufficient time to
comply with the revised requirements. FMCSA therefore extends the 2019
compliance date until January 1, 2021.
D. Extending the Compliance Date
The Agency is extending the compliance date by 2 years, to January
1, 2021. The temporary section added to subpart F of 49 CFR part 390
when a previous extension of the compliance date was issued, is being
updated to include the new compliance date. The temporary section
continues to be in
[[Page 62506]]
effect only from December 4, 2018 through January 1, 2021.
II. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA performed an analysis of the impacts of this final rule and
determined it is not a significant regulatory action under section 3(f)
of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and
Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011),
Improving Regulation and Regulatory Review. Accordingly, the Office of
Management and Budget (OMB) has not reviewed it under that Order. It is
also not significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034 (February
26, 1979)). This final rule provides regulatory relief from January 1,
2019, through December 31, 2020, from all compliance costs associated
with the 2015 final rule. The Agency's estimates of the cost of the
2015 final rule are thoroughly explained in that rule's Regulatory
Evaluation (available in docket FMCSA-2012-0103) and were updated to
reflect more recently available data for the NPRM. The analysis of
today's final rule utilizes the same data and methodology as the NPRM.
To estimate the costs that will result from the final rule, the
Agency calculated the total compliance costs from 2019 through 2028,
albeit with no costs incurred in years 2019 and 2020. These costs are
compared to a baseline in which the compliance costs of the 2015 final
rule are incurred beginning in 2019, as shown in Table 1.
Table 1--Total Cost of the Final Rule
[In thousands of 2016$]
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3% discount rate 7% discount rate
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Final rule costs Final rule costs
Year No-action Final rule relative to no- No-action Final rule relative to no-
baseline costs costs action baseline baseline costs costs action baseline
costs costs
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2019........................................ $33,773 $0 ($33,773) $32,510 $0 ($32,510)
2020........................................ 6,083 0 (6,083) 5,636 0 (5,636)
2021........................................ 5,956 32,376 26,421 5,312 28,879 23,567
2022........................................ 5,831 5,831 0 5,007 5,007 0
2023........................................ 5,709 5,709 0 4,719 4,719 0
2024........................................ 5,590 5,590 0 4,448 4,448 0
2025........................................ 5,473 5,473 0 4,192 4,192 0
2026........................................ 5,359 5,359 0 3,951 3,951 0
2027........................................ 5,247 5,247 0 3,724 3,724 0
2028........................................ 5,137 5,137 0 3,510 3,510 0
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10-Year Total........................... 84,158 70,723 (13,435) 73,009 58,429 (14,580)
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Annualized.............................. 9,866 8,291 (1,575) 10,395 8,319 (2,076)
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The Agency estimates that the final rule will result in a cost
savings of $13.4 million discounted at 3 percent and $14.6 million
discounted at 7 percent over the 10-year analysis period. Expressed on
an annualized basis, this equates to a cost savings of $1.6 million at
a 3 percent discount rate and $2.1 million at a 7 percent discount
rate. All values are in 2016 dollars.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
This rule is an E.O. 13771 deregulatory action.\1\ The present
value of the cost savings of this rule, measured on an infinite horizon
at a 7 percent discount rate, is approximately $11.9 million. Expressed
on an annualized basis, the cost savings are $0.8 million. These values
are expressed in 2016 dollars.
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\1\ Executive Office of the President. Executive Order 13771 of
January 30, 2017. ``Reducing Regulation and Controlling Regulatory
Costs.'' 82 FR 9339-9341. February 3, 2017.
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C. 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, rule continues to be applicable to this final
rule.
D. 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.
[[Page 62507]]
E. Federalism (E.O. 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.
F. 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 $161
million (which is the value of $100 million in 2017 after adjusting for
inflation) or more in any 1 year.
G. E.O. 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
H. E.O. 13045 (Protection of Children)
FMCSA analyzed this action under E.O. 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.
I. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with E.O. 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.
J. 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.
K. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.
L. 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 renewed these collections
of information in October 2018, and they will both expire on October
31, 2021.
M. Environment (NEPA)
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 6.y(2) and 6.y(7) of the
Order (69 FR 9702). These categorical exclusions relate to:
6.y(2) Regulations implementing motor carrier
identification and registration reports; and
6.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, this final action does not require an environmental
assessment or an environmental impact statement.
N. E.O. 13211 (Energy Supply, Distribution, or Use)
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.
O. E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
P. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, FMCSA did not consider the use of
voluntary consensus standards.
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:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
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1. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119
Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126
Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs.
5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312,
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1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49
CFR 1.81, 1.81a, 1.87.
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2. Effective December 4, 2018 until January 1, 2021, 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, 2021.
Issued under the authority delegated in 49 CFR 1.87 on: November
23, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-26249 Filed 12-3-18; 8:45 am]
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