[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Rules and Regulations]
[Pages 35287-35297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13697]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385 and 390

[Docket No. FMCSA-98-3947 (Formerly Docket No. FHWA-98-3947)]
RIN 2126-AA14 (Formerly 2125-AD49)


Federal Motor Carrier Safety Regulations; General; Commercial 
Motor Vehicle Marking

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

ACTION: Final rule.

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SUMMARY: The FMCSA is revising its requirements concerning the marking 
of commercial motor vehicles (CMVs) and for the submission of a Motor 
Carrier Identification Report (Form MCS-150) to the agency. The FMCSA 
is eliminating the marking regulations of the former Interstate 
Commerce Commission (ICC), and requiring motor carriers to apply 
markings that conform to the requirements of this final rule. The 
agency is also amending its marking requirements to require that CMVs 
be marked with the legal name of the business entity that owns or 
controls the motor carrier operation, or the ``doing business as'' 
(DBA) name, as it appears on the Form MCS-150. Motor carriers will be 
allowed two years to comply with the requirement to affix the USDOT 
number to both sides of their CMVs, and five years to comply with the 
additional requirements to display the legal name or a single trade 
name on the CMVs currently in their fleet. The FMCSA is redesignating 
the regulation that requires motor carriers to submit the Form MCS-150, 
and requiring that all new interstate motor carriers submit a Form MCS-
150 to the FMCSA before (rather than within 90 days after) commencing 
operations. These revisions are intended to enhance the ability of the 
FMCSA, the States, and the general public to identify motor carriers. 
The FMCSA also revises the listing for locations of motor carrier 
safety Service Centers to reflect recent changes to the agency 
organizational structure. They were originally included in the NPRM 
concerning safety fitness procedures [RIN 2126-AA42, formerly RIN 2125-
AE56, Docket No. OMCS-99-5467 (formerly Docket No. FHWA-99-5467)] (64 
FR 44460, August 16, 1999).

EFFECTIVE DATE: July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Bus 
and Truck Operations, Routing Code MC-PSV, (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, DC 20590. 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 may access all comments received by the U.S. DOT 
Dockets, Room PL-401, 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 by using a 
computer, modem and suitable communication software from the Government 
Printing Offices's Electronic Bulletin Board Service at (202) 512-1661. 
Internet users may reach the Office of Federal Register's home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's web 
page at: http://www.access.gpo.gov/nara.

Background

    On January 28, 1992, the FHWA published a final rule (57 FR 3142) 
which required interstate motor carriers to mark their interstate CMVs 
with specific information, including the USDOT number (see 49 CFR 
390.21). The final rule, however, provided an exception for motor 
carriers authorized by the former ICC to conduct operations as a for-
hire motor carrier. These motor carriers were required to comply only 
with the marking provisions in former 49 CFR part 1058, now 
redesignated as 49 CFR 390.401, 390.403, 390.405, and 390.407 (61 FR 
54706, 54710, October 21, 1996).
    The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat. 
803) was enacted on December 29, 1995, and became effective on January 
1, 1996. The ICCTA abolished the ICC, amended subtitle IV of title 49, 
United States Code, reformed the economic regulation of transportation, 
and transferred the assets, personnel, and many of the duties and 
functions of the ICC to the Secretary of Transportation (Secretary).
    On June 16, 1998, the FHWA published a notice of proposed

[[Page 35288]]

rulemaking (NPRM) (63 FR 32801) to amend its regulations concerning the 
marking of CMVs and the submission of the Form MCS-150. The agency 
proposed (1) To eliminate the marking regulations of the former ICC and 
to require motor carriers to replace the vehicle markings specified by 
those requirements with markings that conform to 49 CFR 390.21; (2) to 
amend its current rule to require that CMVs be marked with the legal 
name of the business entity that owns or controls the motor carrier 
operation, or the ``doing business as'' name, and the city and State 
for the principal place of business as they appear on the Form MCS-150; 
(3) to allow motor carriers two years to comply with the marking 
requirement (i.e., to display the USDOT number on both sides of their 
self-propelled CMVs), and five years to comply with the additional 
requirements to display the address of the principal place of business 
and the legal name, or a single trade name; (4) to amend the 
regulations to require all new interstate motor carriers submit a Form 
MCS-150 to the FMCSA before (rather than within 90 days after) 
commencing operations; and (5) to move the regulations that require 
motor carriers to submit the Form MCS-150 from 49 CFR part 385 to part 
390.

Discussion of Comments to the NPRM

    The FMCSA received 196 comments in response to the NPRM.
    The commenters were: the American Trucking Associations (ATA) ; the 
New York State Motor Truck Association Inc. (NYSMTA); the National 
Automobile Dealers Association (NADA); the National Automobile 
Transporters Association (NATA); Bonanza Bus Lines; Yellow Corporation; 
the Association of Waste Hazardous Materials Transporters (AWHMT); ATC 
Leasing Company; the New Jersey Motor Truck Association; the Iowa 
Department of Transportation; United Parcel Service (UPS); the Missouri 
Division of Motor Carrier and Railroad Safety (Missouri DMCRS); 
Consolidated Freightways (CF); the South Carolina Trucking Association, 
Inc.; GROWMARK, Inc.; the Truck Renting and Leasing Association 
(TRALA); the Georgia Public Service Commission; Distribution & LTL 
Carriers Association; the National Private Truck Council (NPTC); J.B. 
Hunt; ConAgra Inc.; North American Van Lines, Inc. (NAVL); the 
Truckload Carriers Association (TCA); the National Association of Small 
Trucking Companies (NASTC); the Illinois State Police; the Colorado 
Department of Public Safety; Roadway Express; the American Moving and 
Storage Association (AMSA); the State of New York Department of 
Transportation; Peninsula Transport, Inc., and an additional 167 motor 
carriers. The following is a summary of the comments on some of the key 
items addressed in the notice.

Relationship to Unified Motor Carrier Registration System Rulemaking

    Although most commenters did not oppose in principle the FMCSA's 
proposal to require self-propelled CMVs to be marked with a USDOT 
number, several of them, including the ATA, UPS, and the Distribution & 
LTL Carriers Association, recommended that the FMCSA delay this 
rulemaking pending the implementation of the congressionally mandated 
Unified Motor Carrier Registration System (Unified System). The Unified 
System is intended to provide a comprehensive foundation for 
registration, insurance, and safety information. The commenters 
asserted that the Unified System would help solve many of the problems 
mentioned in the NPRM, including matching the motor carrier (MC) and 
USDOT numbers. Commenters also suggest that the Unified System could be 
designed to include all of a motor carrier's DBA names and other 
identifying information.
    The New York State DOT notes that it is participating in 
discussions with the U.S. DOT and others concerning the consolidation 
of the Unified System and the Single State Registration System (SSRS). 
New York believes there is conceptual agreement among the majority of 
SSRS States concerning assignment of USDOT numbers for both interstate 
and intrastate motor carriers, and asks that the FMCSA's regulation 
facilitate this approach. The Illinois State Police believes that many 
States already have the infrastructure in place to support a national 
motor carrier identification system.
    The NASTC categorically opposes the NPRM, believing that the MC 
number is necessary for State and Federal officials, and the traveling 
public, to distinguish for-hire from private motor carriers.

FMCSA Response

    Section 103 of the ICCTA, which, among other things, added 49 
U.S.C. 13908, required the Secretary to initiate a rulemaking 
proceeding to replace the current Department of Transportation 
identification number system, the SSRS under 49 U.S.C. 14504, the 
registration/licensing system contained in 49 U.S.C. 13901-13905, and 
the financial responsibility information system under 49 U.S.C. 13906 
with a single, online Federal system.
    On August 26, 1996, the agency published an advance notice of 
proposed rulemaking (ANPRM) on the Motor Carrier Replacement 
Information/Registration System which posed several questions and 
requested comments on all of these issues raised by the commenters.
    The FMCSA agrees there are items proposed in the Commercial Motor 
Vehicle Marking NPRM that are related to the Registration rulemaking. 
However, the FMCSA considers the requirement to mark a CMV with the 
USDOT number as a vehicle identification issue, not a registration 
issue. Therefore, the FMCSA will move forward with its requirement to 
mark CMVs with the USDOT number assigned to each motor carrier.
    The filing of the Form MCS-150 is not considered a registration 
issue in the context of the Motor Carrier Replacement Information/
Registration System because the agency is not changing the 
applicability of the regulation, only the time the document must be 
filed. The current requirement allows a new motor carrier to file the 
Form MCS-150 within 90 days after beginning operations. The FMCSA 
believes it is important that CMVs be properly marked before they are 
placed into service on the highway. Such markings will assist State 
officials conducting roadside inspections and accident investigations 
in attributing important safety data to the correct motor carrier. It 
will also ensure the public has an effective means to identify motor 
carriers operating in an unsafe manner.
    The FMCSA has streamlined the process for filing the Form MCS-150 
by making it available on the Internet. Motor carriers seeking a copy 
of Form MCS-150 may obtain it from the Internet through the Federal 
Motor Carrier Safety Administration web page at: http://www.mcs.dot.gov/factsfigs/formspubs.htm under ``DOT Number--Application 
Form.'' Motor carriers may download the Form MCS-150, complete it, and 
submit it by mail or by facsimile. Motor carriers may also obtain 
copies of the form from any of the four FMCSA Service Centers or the 
fifty-two Division Offices. A for-hire motor carrier should submit the 
Form MCS-150 along with its application for operating authority (Form 
OP-1) to the appropriate address referenced on that form or may submit 
it separately to the address mentioned on the web page.
    The FMCSA has also made a determination that the USDOT number will 
be the number used to identify all motor carriers in the information/
registration system of the future.

[[Page 35289]]

Currently, all interstate motor carriers (both for-hire and private) 
are assigned USDOT numbers. Also, several States require intrastate 
motor carriers to complete Form MCS-150 and obtain a USDOT 
identification number. These motor carriers are listed in the Motor 
Carrier Management Information System (MCMIS) as intrastate-only 
carriers. The addition of these motor carriers to the MCMIS enables the 
States to work together in determining the number of active motor 
carriers operating in the United States, and to monitor the safety 
performance of the motor carriers.
    Another reason to use the USDOT number as the key identifier for 
all motor carriers is the role that it plays in the Performance and 
Registration Information Systems Management (PRISM) project. The PRISM 
project is a cooperative Federal/State program that makes motor carrier 
safety a requirement for obtaining and keeping commercial motor vehicle 
registration privileges. The performance of unsafe motor carriers is 
improved through a program of progressively more stringent sanctions 
leading to a possible Federal operations out-of-service order and 
suspension of their State issued vehicle registration privileges. The 
vehicle registration records contain the USDOT number as a unique 
identifier of the motor carrier responsible for the safety of the CMVs.

Single Trade Name

    ConAgra, Inc., the ATA, the TCA, NAVL, and other commenters oppose 
the single trade name proposal and believe the FMCSA should allow small 
subsidiaries and divisions of large national carriers to maintain their 
own identities. They contend that local operations of national carriers 
want to maintain the connection to the local communities they served 
over the years. They claim that limiting carriers to a single trade 
name will dramatically impact a number of large carriers in ways that 
the FMCSA may not have fully considered.

FMCSA Response

    The FMCSA agrees with the commenters. The FMCSA will consider 
requests for assignment of individual USDOT numbers to corporate 
divisions on a case-by-case basis. While the FMCSA does not wish to 
limit an organization's flexibility, or its ability to promote a trade 
name, we nevertheless must consider whether the assignment of multiple 
USDOT numbers to a single corporate entity will compromise the 
integrity of the collection and processing of safety data.

Principal Place of Business Address

    With regard to the proposed language concerning the requirement for 
motor carriers to display only the location of their principal place of 
business, the ATA, the NPTC, UPS, CF, Roadway Express, Yellow 
Corporation, NAVL, the Georgia Public Service Commission, and a number 
of other motor carriers and associations strongly oppose any change to 
the existing regulation. Most argue that the principal place of 
business address, being the third way to identify the motor carrier 
(after the USDOT number and the single trade name), does not help much 
if the first two are correct or incorrect. While most commenters agree 
that some type of number is needed to help match safety records, they 
don't believe that the address of the principal place of business 
provides the same benefit. They believe the cost to the motor carrier 
to accomplish the change definitely outweighs any perceived advantage.
    The New York State DOT opposes the proposal because it believes 
that motor carriers would be prohibited from displaying the location 
where a CMV is customarily based. The agency cited an example of a 
motor carrier of passengers that has acquired various New York based 
carriers. New York prefers to retain the location identification to aid 
them in tracking the performance of the individual subsidiaries.

FMCSA Response

    The FMCSA agrees with the commenters; the motor carrier name and 
the unique USDOT number should be sufficient to properly identify the 
motor carrier. The FMCSA does not believe it is necessary to include in 
the final rule the requirement to display the city and State. As UPS 
noted, unless there is an error in the collection of the original data, 
there should be no instance in which two motor carriers have both the 
same name and the same USDOT number. The use of an address does not 
ensure the accurate collection of data and imposes an additional and 
unjustified burden on the industry.
    As for the comments of the New York State DOT, the final rule does 
not require motor carriers to mark their motor vehicles with the city 
and State, but does not prohibit the practice either. The FMCSA 
believes that many motor carriers will continue to display the city and 
State for marketing purposes and to maintain a connection to the local 
communities they serve.

Periodic Update of the Form MCS-150

    The ATA, Distribution and LTL Carriers Association, New York State 
DOT, and AWHMT have suggested the FMCSA require motor carriers to 
periodically update the information contained on the MCS-150. They say 
the information initially reported on the Form MCS-150 may change over 
time. Inasmuch as the FMCSA uses this information to calculate a motor 
carrier's accident rate for safety rating purposes, the commenters 
believe the FMCSA has a vested interest in requiring a periodic update 
of Form MCS-150 to ensure the integrity of the data.

FMCSA Response

    The 1996 ANPRM on the unified information/registration system (61 
FR 43816) addresses this issue. One of the questions included there was 
the same as that asked by the AWHMT, the ATA, and the New York DOT.
    Section 217 of the Motor Carrier Safety Improvement Act of 1999 
requires the FMCSA to require motor carriers to periodically update the 
information they provide in the form MCS-150. An initial update is 
required by December 2000. Periodic updates would be required not more 
frequently than once every two years. The FMCSA will address this 
provision in a separate rulemaking action.

Marking of Foreign and Intrastate Motor Carriers' Power Units

    The AWHMT requested that the FMCSA consider if there is a potential 
for reciprocity between the CMV marking requirements of Canada and 
Mexico and those currently contained in and proposed for the FMCSRs.
    UPS commented that motor carriers subject to the FMCSA's 
regulations that operate portions of their fleets within single 
jurisdictions are subject to the additional marking requirements of 
those jurisdictions. For example, State Public Utilities Commissions 
often impose their own marking requirements. UPS stated that it, as 
well as other motor carriers and the ATA, had filed comments in Docket 
MC 96-25 [Motor Carrier Replacement Information/Registration System, 
now DOT Docket 1997-2349] recommending that the USDOT's marking 
requirements be the sole method to identify CMVs operated by motor 
carriers under the FMCSA's jurisdiction.
    The NYSMTA asked the FMCSA to consider preempting the marking 
requirements of State or local jurisdictions for vehicles bearing USDOT 
numbers that are not domiciled within that jurisdiction. The NYSMTA 
noted that a city requires the marking of a street address. The 
Missouri DMCRS requested that States be allowed to

[[Page 35290]]

continue to require display of additional information, such as the GVW 
or the GVWR, on power units that are registered solely for intrastate 
operation.
    GROWMARK was concerned that States may require different timeframes 
from the FMCSA for implementing a marking requirement.
    The AWHMT referenced the Hazardous Materials Transportation Act 
(Public Law 101-615, 104 Stat. 3244, November 16, 1990) safety permit 
provisions, not yet implemented by the FMCSA. It asked if the FMCSA 
might consider a requirement for displaying the USDOT number on the 
CMVs of motor carriers engaged in the transportation of hazardous 
materials in intrastate commerce as an initial step toward implementing 
the permit system.

FMCSA Response

    Concerning reciprocal marking requirements among the United States, 
Canada, and Mexico, the general requirements contained in Sec. 390.21 
have been in place since 1954 for for-hire motor carriers operating in 
interstate commerce. They have been in place since 1988 for private 
motor carriers operating in interstate commerce. No other commenters 
raised this issue, and the FMCSA is not aware that the provisions have 
caused compliance difficulties for foreign-based motor carriers.
    Concerning the questions raised by the NYSMTA about a local 
jurisdiction's requirement for listing a full street address, and the 
Missouri DMCSR's question about a State's requirement for the display 
of a GVW or GVWR on intrastate-only CMVs, any other identifying 
information may continue to be displayed, as long as it is not 
inconsistent with other Sec. 390.21 requirements. Responding to 
GROWMARK's comment, the marking requirement proposed will apply only to 
motor carriers operating in interstate commerce. The FMCSA anticipates 
that States would allow these motor carriers the phase-in period 
established in this rulemaking action.
    Finally, concerning the AWHMT's comment concerning the potential 
for issuing USDOT numbers to intrastate motor carriers transporting 
hazardous materials, the agency is continuing to address permitting in 
a separate rulemaking action.

Submittal of MCS-150 and Display of USDOT Number Upon Commencing 
Operations

    The FMCSA's current regulation requires that all new motor carriers 
submit a Form MCS-150 to the agency within 90 days of commencing 
operations. The NPRM proposed that all new motor carriers submit a Form 
MCS-150 to the FMCSA before commencing operations. The NPRM also 
proposed that all CMVs added to a motor carrier's fleet on or after the 
effective date of the rule must display the motor carrier's USDOT 
number before being put into service.
    The FMCSA received no adverse comments on this provision of the 
NPRM. The final rule will implement it as proposed.

Time to Comply With Regulations

    Commenters' responses pertaining to the proposed length of time for 
motor carriers to comply with the marking requirements (two years for 
the USDOT number and five years for the principal place of business and 
single trade name) varied widely. Commenters suggested phase-in periods 
that varied from two years for some of the smaller motor carriers to 
seven years for those carriers having large fleets. Some commenters 
suggested the FMCSA consider a single date for motor carriers to meet 
all the requirements. Yellow Corporation, for example, suggested a 
conversion period of three years, claiming it would reduce the overall 
costs to carriers and would provide adequate time for the training of 
enforcement officials. Other commenters, such as the NPTC and NAVL, 
contended that five years was a more appropriate phase-in period 
because many fleets turn over their equipment over that interval. They 
did support the provision in the NPRM requiring vehicles added to a 
fleet be marked with the USDOT number when placed into service.

FMCSA Response

    The FMCSA has decided to proceed with the original time frames 
outlined in the NPRM. The final rule requires the motor carrier to 
display its USDOT number within two years of the effective date of this 
rule and its single trade name or DBA name within five years on CMVs 
that are currently in service. All new CMVs entering the fleet must 
meet all the marking requirements before being put into service. The 
FMCSA believes that these time frames will allow motor carriers to meet 
the marking requirements without creating either an administrative or 
economic hardship.
    As stated previously, the FMCSA will eliminate the requirement for 
motor carriers to display the city and State on the side of their 
vehicles.

Marking of Driveaway and Short-Term Rental Vehicles

    The ATC Leasing Company and the NATA requested that the provisions 
of Sec. 390.407, which were written specifically to recognize the 
unique operational needs of driveaway combinations, be left intact. 
These commenters claim that the elimination of this section would not 
provide any economic or safety benefit to the public, but would burden 
those carriers that operate driveaway combinations with unnecessary and 
costly duplication.
    UPS addressed the issue of marking short-term rental CMVs. UPS 
noted, among other things, that Sec. 390.21(e) does not require the use 
of a temporary identification device.

FMCSA Response

    The FMCSA agrees with the comments submitted by ATC Leasing and the 
NATA on behalf of the driveaway industry. The requirements of 
Sec. 390.407 concerning removable devices are being retained and 
incorporated into Sec. 390.21. The FMCSA responds to UPS that the 
proposed language for Sec. 390.21(e) is substantially identical to that 
of the current Sec. 390.23(e), except that the agency will no longer 
require display of the lessor's city or community and State. Neither 
the current nor the proposed regulation require use of a temporary 
identification device on short-term rental vehicles.

Contracts and Certificates of Insurance

    The ATA, the NASTC, and approximately 170 motor carriers commented 
that many of their written contracts and certificates of insurance made 
available to the shipping public identify them by their MC number. They 
contend the FMCSA has not estimated the cost to the shipper and broker 
community of changing existing contracts to use a new system so that 
each motor carrier can be identified by a USDOT number. They also 
believe it is important for public warehousing purposes that the 
existing ``MC number'' in their contract appear on the door of the 
equipment making pickups. This allows verification that the freight is 
being tendered to the properly licensed and insured motor carrier with 
whom a contract was signed. The majority of the motor carriers 
commenting suggested the FMCSA allow ``for hire'' carriers to continue 
to use the MC number as a primary identifier for all aspects of their 
operation and let the private carriers continue to use the USDOT 
number.

FMCSA Response

    There is no Federal requirement that motor carriers display their 
MC number

[[Page 35291]]

on contracts or certificates of insurance. This practice was developed 
by the motor carrier industry for its own purposes and may be continued 
if the industry chooses. The regulation requires motor carriers to 
display the USDOT number on both sides of their power units. It does 
not require motor carriers to remove the MC number, although they are 
encouraged to refrain from displaying the MC number on new or repainted 
CMVs once the rule becomes final.
    The FMCSA's use of the USDOT number for CMV identification is 
premised upon its use in a safety context. The MC number is used by the 
FMCSA, process agents, and insurance companies to track the process of 
a for-hire motor carrier's application for registration, status of 
insurance, and other requirements. The FMCSA's MCMIS includes both the 
MC and USDOT numbers, as do many other records used by motor carriers. 
Shippers and others can verify the identification of a for-hire motor 
carrier with the FMCSA online, or via telephone, using either number. 
Motor carriers should also make their clients aware of the change in 
the regulations. Taken together, these measures should aid them in 
verifying that the freight is being tendered to the properly licensed 
and insured motor carrier with whom a contract was signed.

States Assigning USDOT Numbers

    The New York and the Iowa Departments of Transportation both 
commented on the States' issuance of interstate and intrastate USDOT 
numbers. Each State supports the use of the USDOT number as the unique 
identifier essential for tracking motor carrier safety performance 
data. In addition, both States wanted the final rule to make perfectly 
clear that States can issue USDOT numbers to both interstate and 
intrastate motor carriers. New York recommended the FMCSA provide batch 
filing to the States to convert intrastate carriers to a USDOT 
numbering system (using a unique State suffix). The NYDOT argued that 
the present system is too cumbersome and time consuming; it would take 
five years to convert all the intrastate carriers in New York to the 
USDOT number using the current mechanisms. New York says batch 
processing is an absolute must and the FMCSA should directly assist the 
States in converting intrastate carriers in as short a time frame as 
possible.

FMCSA Response

    The States involved in the PRISM project have been given access to 
the MCMIS Census database to issue USDOT numbers to interstate 
carriers. As part of the project, prior to the issuance of 
International Registration Plan (IRP) documents, the entity registering 
vehicles is required to have a USDOT number and each vehicle must have 
a USDOT number assigned to it. If a carrier does not have a USDOT 
number at the time of registration, a Form MCS-150 must be provided so 
that the State can issue the USDOT number necessary to complete the 
vehicle registration process.
    The FMCSA has given the States an option to issue USDOT numbers to 
their intrastate carriers. Currently, 11 States are adding the Form 
MCS-150 information for these carriers individually through direct 
access to the MCMIS Census database. The system issues a USDOT number 
as each carrier is entered into the database.
    New York already has existing databases on their intrastate 
carriers and has requested that the FMCSA develop a process for the 
batch issuance of USDOT numbers. The FMCSA has developed procedures 
necessary to support this process and expects to begin pilot testing by 
mid-2000. The agency anticipates that the first test State will be New 
York and that the pilot test will last for several months. Assuming the 
pilot test is successful, other interested States will then be able to 
use this process.

Marking of Intermodal Container Chassis and Trailers

    The South Carolina Trucking Association and the New Jersey Motor 
Truck Association requested the FMCSA to define an intermodal container 
chassis as a CMV and its owner as a motor carrier engaged in interstate 
commerce. They believe that intermodal chassis equipment is unique 
enough to require the owners to display their own USDOT number, and 
that this requirement would go a long way towards establishing 
responsibility for the care, maintenance, and condition of chassis 
equipment.
    Bonanza Bus Lines recommends that all trailers display a USDOT 
number on both sides and on the rear.

FMCSA Response

    Maintenance of intermodal container chassis and trailers is being 
addressed in a separate agency action, and will not be addressed in 
this final rule. In response to a petition filed by the ATA and the ATA 
Intermodal Conference, the agency published an ANPRM (64 FR 7849, 
February 17, 1999). The petitioners contended that motor carriers have 
minimal opportunity to maintain intermodal container chassis and that 
the parties who do have the opportunity often fail to do so. The FMCSA 
agreed to consider revisions to the requirements in parts 390 and 396 
of the Federal Motor Carrier Safety Regulations (FMCSRs) that place 
upon motor carriers the responsibility for maintaining this equipment. 
As part of this process, the FMCSA held three public hearings in late 
1999 to gather information on the extent of this problem and to receive 
feedback on the solution proposed by petitioners, i.e., to mandate 
joint responsibility between the ``equipment provider'' and the motor 
carrier for maintaining this type of intermodal equipment. The FMCSA 
will decide these issues and others raised by the commenters in the 
rulemaking involving intermodal containers, chassis and trailers. 
Accordingly, comments of the South Carolina Trucking Association and 
the New Jersey Motor Truck Association will be submitted to that docket 
for consideration.
    With respect to Bonanza Bus Lines' comment, the NPRM did not 
consider marking of CMVs other than power units; extending its 
provisions to cover them would be beyond the scope of this rulemaking. 
The ICC first required self-propelled CMVs to be marked in 1954. The 
agency has undertaken several rulemakings concerning CMV marking in the 
last 12 years. Although the agency has occasionally received 
correspondence concerning marking of trailers, the FMCSA does not 
believe this additional marking is necessary.

Marking of Small For-Hire Passenger Vehicles

    The Georgia Public Service Commission requested the FMCSA to 
clarify the marking requirements applicable to smaller for-hire 
passenger vehicles (designed to transport 7 to 15 passengers) that are 
subject to the FMCSA's registration requirements, but not to the 
remainder of the FMCSRs.

FMCSA Response

    On September 3, 1999, the agency published an NPRM (64 FR 48518) 
concerning the applicability of specific provisions of the FMCSRs to 
this class of passenger vehicles. That action responded to 
congressional direction contained in section 4008(a) of the 
Transportation Equity Act of the 21st Century (TEA-21) (Pub. L. 105-
178, 112 Stat. 107, June 9, 1999), which amended the definition of the 
term ``commercial motor vehicle'' found at 49 U.S.C. 31132 to cover 
vehicles ``designed or used to transport more than 8 passengers 
(including the driver) for

[[Page 35292]]

compensation.'' Among other things, the September 3 NPRM proposed to 
require that motor carriers operating CMVs designed or used to 
transport between 9 and 15 passengers (including the driver) for 
compensation file a motor carrier identification report and mark their 
CMVs with a USDOT number and other identifying information (i.e., name 
or trade name and address of the principal place of business). In an 
interim final rule published that same day, the agency amended the 
statutory definition of a CMV to be consistent with the TEA-21 
definition, but it exempted this class of motor carriers from the 
FMCSRs for six months, to allow the FMCSA time to gather additional 
information on this population of carriers and to complete the 
rulemaking action. The FMCSA is reviewing comments to that docket and 
plans to issue a final rule in the near future.

Marking of Pick-Up Trucks

    The Colorado Department of Public Safety suggested the FMCSA adopt 
a rule that it has implemented. Many pick-up trucks do not meet the 
definition of a CMV except when pulling a trailer. Colorado allows the 
trailer, instead of the power unit, to be marked if the power unit has 
a GVWR of 10,000 pounds or less. This allows some farmers, contractors, 
and small businesses to use their vehicles for personal conveyance, 
such as vacations and errands. Many homeowner associations have 
covenants prohibiting commercial vehicles from parking in their 
residential areas. In many cases, this would include a pick-up subject 
to the present marking requirements in Sec. 390.21.

FMCSA Response

    The FMCSA believes that the power unit should carry the motor 
carrier identification. The motor carrier continues to have the 
responsibility for ensuring the trailer it accepts meets the safety 
requirements of the FMCSRs. Motor carriers who use their personal pick-
ups for business purposes can affix temporary signs and remove them 
when necessary.

Vehicles Under Intermittent Lease and Short-Term Rental

    The TRALA stated it supported the NPRM as written. The AMSA and 
NAVL requested the FMCSA to consider adding a new, unique rule that 
would address the household goods, intermittent lease issue. The main 
focus would mirror the concept adopted by the International Fuel Tax 
Agreement (IFTA) in that a vehicle leased intermittently to a household 
goods carrier would be allowed to display both the agent's and the 
motor carrier's marking information linked by the phrase ``Interleased 
to.''

FMCSA Response

    A special provision in the marking rule for the household goods 
industry is not necessary. If the industry wishes to display the 
household goods agent's name and authority number, in conjunction with 
the household goods carrier's name and USDOT number, the FMCSA would 
not object. The rule already allows for other identifying information 
to be displayed on the CMV as long as it is not inconsistent with the 
information required in Sec. 390.21.

FMCSA Estimates of the Costs and Benefits

    The FMCSA has completed a final regulatory evaluation (FRE) 
comparing the projected safety benefits of a retrofitting requirement 
to the potential economic impact on the motor carrier industry. The 
following discussion summarizes the FMCSA's analysis. A copy of the 
complete FRE is available for review in the docket.

Cost

    This rule would require all former ICC motor common and contract 
carriers to mark their CMVs with a ``USDOT Number'' and the legal name 
of the business entity that owns or controls the motor carrier 
operation, or the ``doing business as'' name, as they appear on the 
Form MCS-150. Many carriers with authority from the former ICC already 
include their legal, or DBA name, on the both sides of their vehicles.
    The vast majority of carriers will use either stencils or decals 
for marking, as these are the cheapest methods. The FMCSA assumed that 
small carriers will use individual stencil kits, medium carriers will 
use larger kits, and large carriers will use individually developed 
decals. Price estimates are shown in table 1. We assumed that changing 
a name is 50 percent more expensive than changing a DOT number.
    The agency estimates that the average time to affix a DOT number 
would be about 12 minutes. Adding a new name was also assumed to 
require 12 minutes.
    Because this is a simple procedure, we assumed that the marking 
would be placed by class 3 mechanics, at an average cost of $15 per 
hour. Therefore, the labor cost is $3 to apply a DOT number and an 
additional $3 for a name change. Table 1 displays these figures, along 
with the total labor and material cost.
    The FMCSA has determined that the opportunity cost of this rule is 
negligible or nonexistent, for two reasons. First, vehicles will only 
be placed out of service for 12 to 36 minutes, which is too brief a 
period to have earned any measurable amount of revenue. Second, 
virtually all vehicles would be available at no opportunity cost (in 
non-revenue producing service and not being serviced) for 12 to 36 
minutes sometime in the two-year phase-in period. Therefore, the FMCSA 
does not believe there is an opportunity cost associated with this 
rule.

                              Table 1.--Estimated Cost of Marking, by Carrier Size
----------------------------------------------------------------------------------------------------------------
                                          Material cost, per         Labor cost, per vehicle
  Carrier size, by number of power             vehicle          ---------------------------------   Total cost,
                units                ---------------------------                                    per vehicle
                                        DOT number       Name      DOT number          Name
----------------------------------------------------------------------------------------------------------------
1-6.................................              $8     $12                 $3              $3              $26
7-20................................               6       9                  3               3               21
21-99...............................               4       6                  3               3               16
100-999.............................               2       3                  3               3               11
1000+...............................               1       1.50               3               3                9
Unspecified.........................               6       9                  3               3               21
----------------------------------------------------------------------------------------------------------------

    There are 75,737 carriers with authority from the former ICC, but 
the ICC did not collect information about the number of vehicles 
operated per carrier. However, FMCSA's MCMIS has information on the 
number of power units per carrier.

[[Page 35293]]

    Table 2 shows how the agency estimated the number of power units 
per carrier size class. We applied the MCMIS distribution of carriers 
by size to the 75,737 carriers registered by the former ICC. The first 
column shows the breakdown of for-hire carriers by number of power 
units from MCMIS. The term ``unspecified'' means that the FMCSA has no 
information on the number of vehicles operated by the motor carrier. 
The third column from the left shows the assumed number of carriers in 
each size group regulated by the former ICC. The last column shows the 
estimated number of power units in each size class. We assumed that 
unspecified carriers have at least three vehicles, since the FMCSA 
tends to have the least information about the smaller carriers.

    Table 2.--Estimated Number of For-Hire Carriers and Vehicles Regulated by the Former ICC, by Carrier Size
----------------------------------------------------------------------------------------------------------------
                                                                             Estimated number   Estimated number
                                                         Percent of MCMIS      of carriers        of vehicles
            Carriers by number of vehicles                   carriers          regulated by       regulated by
                                                                                former ICC         former ICC
----------------------------------------------------------------------------------------------------------------
1-6...................................................                55.2             41,800             87,665
7-20..................................................                10.1              7,624             88,109
21-99.................................................                 5                3,772            158,033
100+..................................................                 1                  778            323,636
Unspecified...........................................                28.7             21,763             65,289
                                                       ---------------------------------------------------------
      Total...........................................               100               75,737            722,732
----------------------------------------------------------------------------------------------------------------

    Motor carriers are currently required to place either the MC or the 
USDOT number on their vehicles. In addition, the majority of carriers 
already display either their legal names or their DBA names. We were 
unable to locate any information concerning the percent of vehicles 
regulated by the former ICC that currently display a USDOT number or a 
legal, or DBA, name. For our baseline analysis, we conservatively 
estimated that only 10 percent of eligible carriers already display a 
USDOT number, while 80 percent already display their legal, or DBA, 
names. Therefore, the FMCSA estimates that 90 percent of eligible 
carriers or 650,458 vehicles will require a new DOT number (.9  x  
722,732), and 20 percent of eligible carriers or 144,546 will need a 
new name (.2  x  722,732). If a greater percentage of vehicles already 
display either a DOT number or a valid name, the cost of this rule will 
be lower than the FMCSA's estimate.
    The total undiscounted cost of this rule is $5.7 million. With a 7 
percent discount rate and assuming that 1/x of all vehicles are marked 
each year (where x equals the phase-in period--two years to comply with 
the requirement to affix the USDOT number to both sides of their CMVs, 
and five years to comply with the additional requirements to display 
the legal name or a single trade name on the CMVs currently in their 
fleet) the total discounted cost equals $5 million. Table 3 shows the 
breakdown of costs by carrier size.

                             Table 3.--Undiscounted Cost of Proposal by Carrier Size
----------------------------------------------------------------------------------------------------------------
                                                                                   Percent total
              Size                   Material          Labor           Total           cost         Per carrier
----------------------------------------------------------------------------------------------------------------
1-6.............................        $841,587        $289,295      $1,130,882            19.9          $27.05
7-20............................         634,382         290,759         925,141            16.2          121.35
21-99...........................         758,557         521,508       1,280,066            22.5          339.36
100+............................         607,416       1,067,999      1,675,4152            29.4        2,153.49
Unspecified.....................         470,079         215,453         685,532            12.0           31.50
                                 -------------------------------------------------------------------------------
    Total.......................       3,312,021       2,385,014       5,697,036           100.0        2,672.75
----------------------------------------------------------------------------------------------------------------

    Not surprisingly, the cost per carrier increases with carrier size. 
This rule would cost the smallest carriers (those with fewer than six 
power-units) about $27 and the largest carriers approximately $2,150. 
The same pattern is evident within each size class (i.e., carriers with 
one vehicle pay less than those with six). As a result of this, small 
carriers, which compose 65 percent of all carriers regulated by the 
former ICC, bear approximately 20 percent of the total cost of this 
rule.
    Given the relatively modest cost of this rule, only a small number 
of accidents would need to be prevented to make it cost beneficial. We 
estimate that this rule would cost carriers $5.7 million 
(undiscounted), with the cost spread through the five years following 
promulgation. The DOT guidelines mandate use of a threshold value per 
fatality prevented of $2.7 million. Thus, the benefits of this rule 
would approximately equal the costs if two fatalities were prevented 
over five years. Other combinations of crashes avoided (fatality, 
injury, and property-damage-only) could also drive the benefits of this 
rule above its costs, with the precise figures depending on the 
severity of the non-fatality accidents. The FMCSA believes that this 
rule is based on a reasoned determination that the benefits justify the 
cost. The FMCSA also believes that this rule could lead to the 
prevention of a small number of accidents, and thus prove cost 
beneficial.

Benefits

    The benefits of this rule, although significant, are difficult to 
quantify. The primary benefit would be an improvement in the FMCSA's 
ability to identify problem carriers and take action to reduce the 
potential for harm to the public from these carriers. The action taken 
would depend upon the severity of the problem. Extremely dangerous 
carriers, such as those with a

[[Page 35294]]

consistently high out-of-service (OOS) rate or with a greater than 
expected number of accidents, could be forced to discontinue 
operations. Carriers with less severe problems could be targeted for 
educational outreach and other enforcement actions. While the FMCSA 
programs cannot entirely eliminate the threat from unsafe carriers, we 
believe they can help reduce the negligent behavior that leads to 
accidents. The extreme action of taking a carrier out of business would 
eliminate the dangerous behavior of risky carriers entirely.
    The FMCSA is not aware of any alternatives which accomplish the 
same goals with less burden. The goal of this regulation is to improve 
the agency's ability to assign inspections and crashes to the correct 
motor carriers. To accomplish this goal, the agency must be able to 
correctly identify the operator of a motor vehicle during an inspection 
or after a crash. High tech identification methods exist, but they 
require vehicles to be equipped with a transponder that broadcasts a 
unique ``fingerprint.'' The cost of these units is significantly higher 
than the cost of adding a USDOT number or a new name to a power-unit. 
In addition, transponder readers would be needed to identify a 
vehicle's owner. While it would be possible (albeit expensive) to 
provide all inspectors with readers, this would be prohibitively 
expensive for accident investigators, given the large number of 
crashes, their geographic dispersion, and the number of police officers 
who report only a small number of crashes.
    As an alternative to marking both sides of the CMV with the USDOT 
number, the agency also considered allowing a driver to maintain the 
required information on paper inside the vehicle. While this would be 
less expensive, there were several problems with this approach. First, 
drivers already maintain a number of documents with similar 
information, and they may have an incentive to provide an investigating 
officer with the incorrect document (or maintain that they do not have 
the appropriate document) under some circumstances. In addition, during 
crashes investigators may not have access to an onboard document due to 
such things as fires, jammed doors due to a crash, or a hazardous 
material spill.
    In order to minimize the impact of this rule, the FMCSA is 
requiring a two-year phase-in period for the USDOT number requirement 
and a five-year phase-in for the legal name or single trade name 
requirement. This will give small carriers (and others) ample time to 
comply with the marking rule without significantly disrupting their 
operations.
    The FMCSA's intention is not only to improve safety, but to achieve 
consistency and uniformity and lower the cost of enforcement and 
compliance for the government, the motor carrier industry, and the 
general public.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FMCSA has determined that this action is a significant 
regulatory action within the meaning of Executive Order 12866 and 
significant within the meaning of the Department of Transportation's 
regulatory policies and procedures. The FMCSA has prepared a final 
regulatory evaluation of the economic impact the regulatory changes 
will have on the motor carrier industry. A copy of the final regulatory 
evaluation is included in the docket file.
    Prior to the elimination of the ICC, most for-hire motor carriers 
were required to obtain ICC authority in order to operate in interstate 
commerce. Carriers which were granted ICC operating authority were also 
given an ICC docket number, which they were required to display on both 
sides of each power unit.
    Carriers are also required to display their name and address (city 
and State) on both sides of their power units. A carrier may display 
any name under which it operates. The address must be the principal 
place of business or the terminal where the vehicle is located.
    The FMCSA uses the USDOT number to track carrier performance, 
primarily via the MCMIS, a mainframe computer system. It contains motor 
carrier data from a variety of sources: roadside inspections, accident 
reports, safety and compliance reviews, and enforcement actions.
    The MCMIS is the linchpin of a number of the FMCSA's programs. 
Federal and State field personnel use the MCMIS to initiate enforcement 
actions and educational outreach programs. By using the data, 
potentially unsafe carriers can be targeted for attention, often 
including compliance reviews. Carriers could be flagged as unsafe if a 
high percentage of their vehicles were placed out-of-service during a 
roadside safety inspection, or if they experience an above average 
number of accidents. The FMCSA analysts and managers use the database 
for analysis purposes, including monitoring overall trends and 
evaluating program effectiveness.
    In order to connect information from disparate sources, a unique 
identifier is required. For MCMIS, the USDOT number serves as the 
unique identifier. Without this number, there is no way to assign 
accidents, inspections, and other events to the correct motor carrier.
    The existence of two identification numbers, the ICC/MC and the 
USDOT numbers, combined with a lack of consistency in the names 
displayed on vehicles, limits the effectiveness of the FMCSA's safety 
programs. Identification problems (such as those listed above) could 
result in a failure of the FMCSA to attribute a crash, or an OOS 
inspection, to the correct carrier. In FY 1996, the FMCSA was unable to 
match 12 percent of roadside inspections to the correct motor carrier. 
For accidents, the non-match rate was 30 percent. This failure rate 
means that the FMCSA is unaware of some carriers' poor safety records, 
and these carriers do not receive the attention their safety record 
merits, such as a safety review or educational assistance. As a result, 
crashes occur that this oversight might have forestalled.
    In order to eliminate these problems and improve safety and the 
well-being of the public, the FMCSA is requiring all for-hire 
interstate carriers formerly regulated by the ICC to display their 
USDOT number on their vehicles (private carriers are already subject to 
this requirement). This rule would require all commercial motor 
vehicles, new or used, added to a motor carrier's fleet to have a USDOT 
number displayed after the effective date of this final rule. Owners of 
these vehicles would also be required to place either their legal name, 
or a single trade name, on their vehicles.
    Existing vehicles which do not undergo a change in ownership would 
be required to display a USDOT number within two years of the effective 
date of this rule. Owners of existing vehicles would have five years to 
comply with the name requirements.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency has evaluated the effects of this rule on small 
entities. The economic impacts of this rule are discussed in the 
regulatory flexibility analysis, a copy of which is in the docket. 
Based on its analysis, the FMCSA believes that this rule will affect a 
substantial number of small entities, but will not have a significant 
economic impact on them. In compliance with the Regulatory Flexibility 
Act, the FMCSA certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.
    The FMCSA estimates that 41,800 carriers with six or fewer power 
units

[[Page 35295]]

will be covered by this regulation, as will another 7,600 with 7 to 20 
power units. Our estimates indicate motor carriers with fewer than six 
power-units would absorb about 26 percent of all costs. This rule would 
cost the smallest carriers (those with fewer than six power-units) 
about $27 per vehicle. Those small motor carriers with 7 to 20 vehicles 
would incur a cost of $21 per vehicle. As a result of this, the 
smallest carriers, which compose 65 percent of all carriers regulated 
by the former ICC, bear approximately 20 percent of $5,696,036, the 
total cost of this proposal. The FMCSA does not see this as a 
substantial financial burden on small entities.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132. It has been determined 
that this rulemaking does not have a substantial direct effect on 
States, nor would it limit the policymaking discretion of the States. 
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. An analysis of this 
rule has been made by the FMCSA, and it has been determined that it 
will affect the approved form (MCS-150) associated with a currently-
approved information collection covered by OMB Control No. 2126-0013 
(formerly 2125-0544). The wording in the Notice section of the MCS-150 
will change; burden hours and numbers of respondents will not change as 
a result of this Final Rule. However, a revised estimate that reflects 
more accurate numbers of respondents and the time to complete the MCS-
150 was done and submitted to the OMB in June 1999. The OMB approved 
that revision to the information collection on October 4, 1999; the 
approval period runs through October 31, 2002.
    The NPRM that was published on June 16, 1998, solicited public 
comments on these information collection requirements as a component of 
the NPRM action. A summary of the comments that addressing the MCS-150 
was previously provided to the OMB. Comments were neutral to favorable; 
in fact, several commenters asked the FMCSA to consider requiring motor 
carriers to provide regular updates of information contained in the 
MCS-150. A single State commenter contended that the MCS-150 contains 
superfluous information, discouraging States from using it to identify 
intrastate motor carriers. However, that State did not cite specific 
examples of data elements or information categories it believed to be 
confusing or redundant.
    Section 390.19(a) changes the requirement of when Form MCS-150 must 
be filed from ``within 90 days after beginning operations'' to ``before 
commencing operations.'' This change will be reflected on Form MCS-150 
in the Notice section on the form; however, it will not affect the 
burden hours for this information collection.
    The NPRM also included a proposed requirement that certain motor 
carriers submit an updated Form MCS-150 to the FMCSA within 90 days 
from the effective date of the rule. This proposed, updated form would 
only have been required from those motor carriers that were using a 
name for their business that was not one of the two names on the MCS-
150 had filed with the agency. The FMCSA has eliminated this proposed 
requirement from the final rule, along with the additional burden hours 
it would have created.
Estimated Annual Reporting Burden
    Number of respondents: 50,000 @ 20 minutes per respondent.
    Burden Hours: 16,667.

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 of 1995

    This rule does not impose a Federal mandate resulting in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year. ``2 
U.S.C. 1531 et seq.''

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutional Protected Property Rights.

Executive Order 12988 (Civil Justice Reform)

    This action 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.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Regulation Identification Number

    A regulation 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 385

    Highway safety, Motor carriers, Motor vehicle safety.

49 CFR Part 390

    Highway safety, Motor carriers, Motor vehicle identification and 
marking, Reporting and recordkeeping requirements.

    Issued on: May 25, 2000.
Clyde J. Hart, Jr.,
Acting Deputy Administrator.

    In consideration of the foregoing, the FMCSA amends title 49, Code 
of Federal Regulations, chapter III, parts 385 and 390, as follows:

PART 385--SAFETY FITNESS PROCEDURES

    1. The authority citation for part 385 continues to read as 
follows:

    Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144, 
31502; and 49 CFR 1.73.


Secs. 385.21 and 385.23  [Removed]

    2. Remove Secs. 385.21 and 385.23.

[[Page 35296]]

Appendix A to Part 385--[Removed and Reserved]

    3. Remove and reserve appendix A to part 385, Form MCS-150, Motor 
Carrier Identification Report.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 
[AMENDED]

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

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
31504; and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 
701 note); and 49 CFR 1.73.


Sec. 390.19  [Redesignated as Sec. 390.17]

    5. Redesignate Sec. 390.19 as Sec. 390.17.

    6. A New Sec. 390.19 reads as follows:


Sec. 390.19  Motor carrier identification report.

    (a) All motor carriers conducting operations in interstate commerce 
shall file a Motor Carrier Identification Report, Form MCS-150, before 
commencing operations.
    (b) The Motor Carrier Identification Report, Form MCS-150, with 
complete instructions, is available from all FMCSA Service Centers and 
Division offices nationwide and from the FMCSA's web site at: http://www.mcs.dot.gov/factsfigs/formspubs.htm or by calling 1-800-832-5660.
    (c) The completed Motor Carrier Identification Report, Form MCS-
150, shall be filed with the FMCSA's Office of Data Analysis and 
Information Systems, 400 Seventh Street, SW., Washington, DC 20590. A 
for-hire motor carrier should submit the Form MCS-150 along with its 
application for operating authority (Form OP-1) to the appropriate 
address referenced on that form or may submit it separately to the 
address mentioned in this section.
    (d) Only the legal name or a single trade name of the motor carrier 
may be used on the motor carrier identification report (Form MCS-150).
    (e) A motor carrier that fails to file a Motor Carrier 
Identification Report, Form MCS-150, or furnishes misleading 
information or makes false statements upon Form MCS-150, is subject to 
the penalties prescribed in 49 U.S.C. 521(b)(2)(B).
    (f) Upon receipt and processing of the Motor Carrier Identification 
Report, Form MCS-150, the FMCSA will issue the motor carrier an 
identification number (USDOT number). The motor carrier must display 
the number on each self-propelled CMV, as defined in Sec. 390.5, along 
with the additional information required by Sec. 390.21.

[Approved by the Office of Management and Budget under control 
number 2126-0013]


    7. Revise Sec. 390.21 to read as follows:


Sec. 390.21  Marking of CMVs.

    (a) General. Every self-propelled CMV, as defined in Sec. 390.5, 
subject to subchapter B of this chapter must be marked as specified in 
paragraphs (b), (c), and (d) of this section.
    (b) Nature of marking. The marking must display the following 
information:
    (1) The legal name or a single trade name of the motor carrier 
operating the self-propelled CMV, as listed on the motor carrier 
identification report (Form MCS-150) and submitted in accordance with 
Sec. 390.19.
    (2) The motor carrier identification number issued by the FMCSA, 
preceded by the letters ``USDOT''.
    (3) If the name of any person other than the operating carrier 
appears on the CMV, the name of the operating carrier must be followed 
by the information required by paragraphs (b)(1), and (2) of this 
section, and be preceded by the words ``operated by.''
    (4) Other identifying information may be displayed on the vehicle 
if it is not inconsistent with the information required by this 
paragraph.
    (5) Each motor carrier shall meet the following requirements 
pertaining to its operation:
    (i) All CMVs that are part of a motor carrier's existing fleet on 
July 3, 2000, and which are marked with an ICCMC number must come into 
compliance with paragraph (b)(2) of this section by July 3, 2002.
    (ii) All CMVs that are part of a motor carrier's existing fleet on 
July 3, 2000, and which are not marked with the legal name or a single 
trade name on both sides of their CMVs, as shown on the Motor Carrier 
Identification Report, Form MCS-150, must come into compliance with 
paragraph (b)(1) of this section by July 5, 2005.
    (iii) All CMVs added to a motor carrier's fleet on or after July 3, 
2000, must meet the requirements of this section before being put into 
service and operating on public ways.
    (c) Size, shape, location, and color of marking. The marking must--
    (1) Appear on both sides of the self-propelled CMV;
    (2) Be in letters that contrast sharply in color with the 
background on which the letters are placed;
    (3) Be readily legible, during daylight hours, from a distance of 
50 feet (15.24 meters) while the CMV is stationary; and
    (4) Be kept and maintained in a manner that retains the legibility 
required by paragraph (c)(3) of this section.
    (d) Construction and durability. The marking may be painted on the 
CMV or may consist of a removable device, if that device meets the 
identification and legibility requirements of paragraph (c) of this 
section, and such marking must be maintained as required by paragraph 
(c)(4) of this section.
    (e) Rented CMVs. A motor carrier operating a self-propelled CMV 
under a rental agreement having a term not in excess of 30 calendar 
days meets the requirements of this section if:
    (1) The CMV is marked in accordance with the provisions of 
paragraphs (b) through (d) of this section; or
    (2) The CMV is marked as set forth in paragraph (e)(2)(i) through 
(iv) of this section:
    (i) The legal name or a single trade name of the lessor is 
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters 
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of 
this section; and
    (iii) The rental agreement entered into by the lessor and the 
renting motor carrier conspicuously contains the following information:
    (A) The name and complete physical address of the principal place 
of business of the renting motor carrier;
    (B) The identification number issued the renting motor carrier by 
the FMCSA, preceded by the letters ``USDOT,'' if the motor carrier has 
been issued such a number. In lieu of the identification number 
required in this paragraph, the following may be shown in the rental 
agreement:
    (1) Information which indicates whether the motor carrier is 
engaged in ``interstate'' or ``intrastate'' commerce; and
    (2) Information which indicates whether the renting motor carrier 
is transporting hazardous materials in the rented CMV;
    (C) The sentence: ``This lessor cooperates with all Federal, State, 
and local law enforcement officials nationwide to provide the identity 
of customers who operate this rental CMV'; and
    (iv) The rental agreement entered into by the lessor and the 
renting motor carrier is carried on the rental CMV during the full term 
of the rental agreement. See the leasing regulations at 49 CFR 376 for 
information that should be included in all leasing documents.
    (f) Driveaway services. In driveaway services, a removable device 
may be affixed on both sides or at the rear of a

[[Page 35297]]

single driven vehicle. In a combination driveaway operation, the device 
may be affixed on both sides of any one unit or at the rear of the last 
unit. The removable device must display the legal name or a single 
trade name of the motor carrier and the motor carrier's USDOT number.

    8. Revise Sec. 390.27 to read as follows:


Sec. 390.27  Locations of motor carrier safety service centers.

------------------------------------------------------------------------
   Service center        Territory included        Location of office
------------------------------------------------------------------------
Eastern.............  CT, DC, DE, MA, MD, ME,   City Crescent Building,
                       NJ, NH, NY, PA, PR, RI,   #10 South Howard
                       VA, VT, WV.               Street, Suite 4000,
                                                 Baltimore, MD 21201-
                                                 2819.
Midwestern..........  IA, IL, IN, KS, MI, MO,   19900 Governors Drive,
                       MN, NE, OH, WI.           Suite 210, Olympia
                                                 Fields, IL 60461-1021.
Southern............  AL, AR, FL, GA, KY, LA,   61 Forsyth Street, SW,
                       MS, NC, NM, OK, SC, TN,   Suite 17T75, Atlanta,
                       TX.                       GA 30303-3104.
Western.............  American Samoa, AK, AZ,   201 Mission Street,
                       CA, CO, Guam, HI, ID,     Suite 2100, San
                       Mariana Islands, MT,      Francisco, CA 94105-
                       ND, NV, OR, SD, UT, WA,   1838.
                       WY.
------------------------------------------------------------------------

Secs. 390.401, 390.403, 390.405 and 390.407  (Subpart D) [Removed]

    9. In part 390, remove subpart D, consisting of Secs. 390.401, 
390.403, 390.405 and 390.407.

[FR Doc. 00-13697 Filed 6-1-00; 8:45 am]
BILLING CODE 4910-22-P