Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70509

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center, 445 12th Street,

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., (202) 857–3800, 1231

20th Street, NW., Washington, DC

20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

California, is amended by removing

DTV Channel 14 and adding DTV

Channel 34 at Redding.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–30012 Filed 11–22–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 390

[Docket No. FMCSA–2000–8209]

RIN 2126–AA57

Motor Carrier Identification Report

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Interim final rule.

SUMMARY: The FMCSA amends the

Federal Motor Carrier Safety

Regulations (FMCSRs) to revise the

requirements for filing the Motor Carrier

Identification Report (MCS–150). A

motor carrier is currently required to file

this report before it begins to operate. As

a result of this Interim final rule (IFR),

the FMCSA will require each motor

carrier to file an update of the report

every 24 months. A motor carrier that

submits similar information to a State as

part of its annual vehicle registration

requirement under the Performance and

Registration Information Systems

Management (PRISM) program will be

in compliance if it files it with the

appropriate State commercial motor

vehicle (CMV) registration office.

Section 217 of the Motor Carrier Safety

Improvement Act of 1999 requires

periodic updating, not more often than

once every two years, of the motor

carrier identification report filed by

each motor carrier operating in

interstate or foreign commerce.

DATES: This rule is effective on

December 26, 2000. Comments must be

received on or before January 23, 2001.

ADDRESSES: You can mail or deliver

comments to the U.S. Department of

Transportation, Dockets Management

Facility, Room PL–401, 400 Seventh

Street, SW., Washington, DC 20590, or

submit comments electronically at http:/

/dms.dot.gov. Please include the docket

number that appears in the heading of

this document. You can examine and

copy this document and all comments

received at the same Internet address or

at the Docket Management Facility from

9 a.m. to 5 p.m., e.t., Monday through

Friday, except Federal Holidays. If you

want to know that we received your

comments, please include a selfaddressed, stamped postcard or include

a copy of the acknowledgment page that

appears after you submit comments

electronically.

FOR FURTHER INFORMATION CONTACT: Ms.

Deborah M. Freund, Office of Bus and

Truck Standards and Operations,

FMCSA, (202) 366–1790, or Mr. Charles

E. Medalen, Office of Chief Counsel,

(202) 366–1354, FMCSA, 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

Background

In order to provide proper safety

oversight of the regulated motor carrier

community, the agency responsible for

implementing and enforcing motor

carrier safety regulations must know the

characteristics of the individual motor

carriers that comprise it. Section 217 of

the Motor Carrier Safety Improvement

Act of 1999 (Pub. L. 106–159, 113 Stat.

1748, Dec. 9, 1999) (MCSIA) directed

the Secretary of Transportation to:

require periodic updating, not more

frequently than once every 2 years, of

the motor carrier identification report,

form MCS–150, filed by each motor

carrier conducting operations in

interstate or foreign commerce.

This IFR responds to the

congressional direction.

The FMCSA and its predecessor

agencies have considered the issue of

requiring a motor carrier to report

certain identifying and demographic

information several times over the years.

On June 25, 1986 (51 FR 23088), the

FHWA (the agency responsible for

motor carrier safety before January

2000), issued a notice of proposed

rulemaking (NPRM) to establish a

procedure to assign safety ratings to

each motor carrier that is subject to the

FMCSRs and that operates in interstate

or foreign commerce. The NPRM

proposed that each unrated motor

carrier file a questionnaire as an initial

step in the safety review process. At that

time, the agency anticipated that each

unrated motor carrier would complete

the questionnaire within the next three

years. The questionnaire would have

included information such as the motor

carrier’s legal and trade name, its

business address, whether the motor

carrier conducted operations in

interstate or foreign commerce, the

States where the motor carrier operated,

the types of cargo carried, numbers of

drivers and power units operated,

accident and incident experience, and

proof of financial responsibility.

On December 19, 1988 (53 FR 50961),

the FHWA issued a final rule requiring,

among other things, that each motor

carrier that had not received a safety

rating from the FHWA must file a onetime Motor Carrier Identification Report,

MCS–150. Each new motor carrier was

required to file the form within 90 days

after it began to operate. A motor carrier

that received a safety rating from the

FHWA did not have to file, since the

agency got the information when it

performed a safety review. The form

served four purposes: (1) To identify

motor carriers previously unknown to

the FHWA; (2) to update the agency’s

motor carrier census [now known as the

Motor Carrier Management Information

System, or MCMIS]; (3) to require the

motor carrier to certify that it is familiar

with the FMCSRs; and (4) to assist the

FHWA in setting priorities for

performing safety reviews. The

requirement to file the MCS–150 was

codified at 49 CFR 385.21. Section

385.23 of the final rule stated that a

motor carrier that failed to file the MCS–

150, or provided false or misleading

information could be liable for a civil or

criminal penalty.

On July 17, 1989 (54 FR 29912,

FHWA Docket No. MC–89–6), the

FHWA published an advance notice of

proposed rulemaking (ANPRM) that,

among other things, requested

comments on the adequacy of the onetime filing of information in the MCS–

150. The agency stated that it was

70510 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

considering the possible use of a

postcard-type form to update the

information each year.

The agency listed 12 items of

information that it could request a

motor carrier to report and/or correct,

including its name, USDOT number,

address, whether the motor carrier was

still operating in interstate commerce,

the principal commodity transported,

whether it transported hazardous

materials, the number of vehicles

operated (straight trucks, truck tractors,

semi- or full trailers, buses), and the

total number of miles operated annually

in the United States. The agency

reviewed the comments submitted at

that time but delayed taking further

action on the postcard update because

the issue did not appear to demand

immediate attention.

The Transportation Lawyers

Association (TLA) filed a petition on

March 2, 1994, requesting that the

FHWA initiate a rulemaking to require

motor carriers to file the MCS–150 every

two years and within 20 days following

a change of its name, control,

ownership, or its principal place of

business. The TLA also recommended

that the FHWA amend the MCS–150 to

include information on revenue,

mileage, and accident data. On August

26, 1996 (61 FR 43816), the agency

published an ANPRM concerning

development of a comprehensive Motor

Carrier Replacement Information/

Registration System (also known as the

Unified Carrier Register (UCR)). That

notice responded to congressional

direction in Section 103 of the ICC

Termination Act (49 U.S.C. 13908).

Among the many issues raised in that

ANPRM, the agency asked for comment

on the possibility of periodic updating

of the information in the MCS–150 and

other forms, and the appropriate

frequency of those updates. Because the

ANPRM covered a range of issues

beyond the scope of the TLA petition,

the agency decided neither to grant nor

deny the petition, but rather to file it as

a comment to that August, 1996 docket.

Although several commenters addressed

the question of an update cycle for the

information contained in the MCS–150,

their responses varied widely. Some

asserted that the data should be

‘‘continuous and current,’’ others

advocated a periodic update to take

place no more often than annually,

while still others believed it should be

updated only on an as-needed basis.

However, a number of the commenters

mentioned they would like to be able to

update the information online. An

NPRM for the UCR is under

development.

On June 16, 1998 (63 FR 32801) the

FHWA published an NPRM that dealt

with CMV marking. Among other

things, it proposed to require each new

motor carrier to submit its MCS–150

before it began to operate. The agency

received no adverse comments to this

provision of the NPRM. The final rule

that was published on June 2, 2000 (65

FR 35287) and became effective on July

3, 2000 (to be codified at 49 CFR 390.19)

requires a motor carrier to submit this

form before it begins operating in

interstate commerce.

The MCS–150: What It Is, How It Is

Used

The MCS–150 is a single-page report.

A motor carrier must provide basic

information, e.g., name, address,

telephone number, cargo classifications,

any types of hazardous materials

carried, numbers and types of

equipment (trucks, tractors, trailers,

passenger vehicles) used, number of

drivers, and types of operations. A

motor carrier can obtain a hard copy

form from the FMCSA Office of

Research, Technology and Information

Management, 400 Seventh Street, SW.,

Washington, DC 20590, or from any of

the four FMCSA Service Centers or fiftytwo Division Offices. The form is

printed so it may be folded and mailed,

postage-paid by the FMCSA. A motor

carrier can also obtain it from the

Internet through the Federal Motor

Carrier Safety Administration web page

at: http://www.fmcsa.dot.gov/factsfigs/

formspubs.htm under ‘‘DOT Number—

Application Form.’’ The motor carrier

may fill out the MCS–150 on the screen,

print it, and submit it by mail or by

facsimile. (A for-hire motor carrier

should submit the MCS–150 along with

its application for operating authority to

the appropriate address shown on that

form, or may submit it separately to the

address mentioned on the web page.)

The FMCSA is working on providing

electronic filing of the MCS–150.

The FMCSA enters the information

from the MCS–150 into the Motor

Carrier Management Information System

(MCMIS) and assigns the motor carrier

a U.S. DOT identification number. The

FMCSA uses the information contained

in the MCMIS to track motor carrier

safety performance and to assess

nationwide motor carrier safety trends.

The MCMIS contains motor carrier data

from a variety of sources: roadside

inspections, accident reports, safety and

compliance reviews, and enforcement

actions. Federal and State field

personnel use the MCMIS to target

potentially unsafe motor carriers for

attention, including compliance

reviews. For example, a motor carrier

could be selected for a compliance

review if a high percentage of its

vehicles were placed out-of-service

during a roadside safety inspection, or

if it experienced an above average

number of accidents.

The FMCSA also uses MCMIS for

analytical purposes, including

monitoring nationwide trends and

evaluating program effectiveness. The

demographic and operational

information provided on the MCS–150

enables the agency to determine the

safety performance of specific classes of

motor carrier operations, by types of

freight and passenger transportation

provided, and by categories of cargoes

transported. This enables the FMCSA to

develop strategies to effectively address

sector-specific safety issues. The

information on types of passenger and

freight transportation equipment

operated, and the number of drivers

used, facilitates the development of

vehicle-type-specific safety performance

information.

Motor passenger and freight

transportation operations can change

substantially over time. However, there

currently is no requirement for most

motor carriers to update this

information. This severely limits the

agency’s ability to maintain accurate

information about the motor carriers

that it regulates, to gather data used to

assess motor carriers’ safety

performance, and to assess the

effectiveness of the agency’s programs

and activities. For-hire motor carriers,

household goods freight forwarders, and

property brokers are required to advise

the FMCSA when there is a change in

business form (i.e., transfer of operating

rights, reincorporation or merger, etc.)

or a change in its legal or trade name.

This requirement is codified at 49 CFR

365.413. A for-hire motor carrier may,

also, at its option, notify the FMCSA if

it ceases operations and wants to have

its operating authority revoked.

The FMCSA’s ability to address safety

concerns with individual motor carriers,

as well as to gauge the safety of the

motor carrier industry as a whole, is

dependent upon the agency’s access to

accurate and up-to-date carrier-specific

information. The agency computes

safety performance metrics based on the

number of power units operated

(SafeStat algorithm) to prioritize safety

compliance reviews for motor carriers.

(This issue was discussed in an April

1998 report, ‘‘New Entrant Safety

Research,’’ prepared for the agency by

the John A. Volpe National

Transportation Systems Center,

available at http://ai.volpe.dot.gov and

in the docket.) Up-to-date and accurate

information is also necessary for the

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70511

FMCSA to be able to gauge benefits and

costs of its programs and activities on

the safety performance of motor carriers

on a national scale. The agency believes

that the initial and biennial updates

required under Section 217 of the

MCSIA strike a reasonable balance

between the value and the cost of

providing the agency with current

information.

As part of its preparation for the

development of a Unified Carrier

Register, the FMCSA has been

harmonizing data on for-hire motor

carriers in the Licensing and Insurance

(L&I) database (formerly maintained by

the Interstate Commerce Commission)

with MCMIS. The agency is also

addressing the problem of incomplete

MCS–150 forms. It has made good

progress on both activities. However,

the one-time addition of this

information does not address the

fundamental concern that Section 217

focuses upon: the need for regular,

periodic updates to provide the best

information for the agency to carry out

its mission.

FMCSA Decision

After careful consideration of the

issues involved, the FMCSA has

determined it is in the best interest of

motor carrier safety to publish an IFR

that will require a motor carrier to

provide a biennial update of

information contained in the MCS–150.

There are two reasons for requiring a

motor carrier to update the information

on the MCS–150 every two years, the

most frequent interval authorized by

Section 217 of the MCSIA. First, the

two-year update cycle significantly

improves the quality of the agency’s

data bases and its ability to optimally

target inspection and enforcement

resources cited under Section 3 of the

MCSIA. The motor carrier industry is

extremely dynamic: the number of

motor carriers in the MCMIS expands by

close to one percent per month. At

present, more than 525,000 carriers are

on file in the MCMIS system and an

average of 4,200 more are added each

month. The FMCSA performs quarterly

assessments of its programs and

activities to improve the safety of the

motor carrier industry. The agency

believes that an update cycle longer

than two years simply will not provide

the agency with the basic data it needs

to perform its safety mission efficiently

or effectively.

Second, recent congressional

direction in the Transportation Equity

Act of the 21st Century (TEA–21)(Pub.

L. 105–178, 112 Stat. 107, June 9, 1998)

and the MCSIA require the FMCSA to

issue a number of new regulations that

may have a significant impact on motor

carrier safety. Some of those

requirements apply to specific segments

of the motor carrier industry, such as

passenger transportation in CMVs

designed to transport between 9 and 15

passengers, including the driver. It is

critical for the agency to be able to

determine the safety performance of

specific categories of transportation

providers. Additionally, the agency

must be able to provide well-founded

estimates of the potential benefits and

costs of the regulations it promulgates.

Having up-to-date and accurate

information on the number and basic

characteristics of regulated entities in

critical to fulfilling this requirement.

Update Schedule

Today’s IFR requires all motor carriers

to file a new MCS–150 every 24 months.

However, to make the procedure simple

for motor carriers and manageable for

the agency, the IFR sets staggered filing

dates. Each motor carrier determines the

month and the year in which it must file

based on its USDOT number.

The Month. If a motor carrier’s

USDOT number ends in 1, it must file

the MCS–150 update by the end of

January, and every second January

afterwards; if the USDOT number ends

in 2, 3, 4, 5, 6, 7, 8 or 9, the carrier must

file by the end of February, March,

April, May, June, July, August or

September, respectively, and biennially

after that; and if the USDOT number

ends in 0, the update must be filed by

the end of October, and every two years

after that.

The Year. If the next to the last digit

in the motor carrier’s USDOT number is

odd, the carrier must file its MCS–150

update in an odd-numbered year; if

even, in an even-numbered year. For

purposes of this rule, zero is considered

an even number.

Section 217 restricts the frequency of

MCS–150 updates to no more than every

two years, which limits the burden

imposed by the requirement. As the

system starts-up, some relatively new

carriers, however, must submit their

first update less than two years after

initially filing the MCS–150. For

example, a carrier that submitted an

MCS–150 at the end of November, 1999,

and received a USDOT number ending

in 97, will file an update by the end of

July 2001 (the seventh month of the first

odd-numbered year)—a cycle of 20

months. If a new carrier with a USDOT

number ending in 53 filed its MCS–150

in August, 2000, it will have to re-file

by the end of March, 2001—a cycle of

about 7 months. On the other hand, the

staggered update system can also

produce initial cycles much longer than

two years. A motor carrier that

submitted its MCS–150 in January,

1999, and received a USDOT number

ending in 60 would not have to update

its information until the end of October,

2002 (tenth month of the first evennumbered year)—a (one-time) cycle of

about 45 months. And a carrier that

filed its MCS–150 ten or more years ago

would have an even longer first cycle.

However, after the first round of updates

is complete, all motor carriers will be on

a firm 24-month update schedule. Due

to the minimal time and effort to update

the MCS–150 and the difficulty in

determining how many motor carriers

will be affected by this schedule,

FMCSA finds that this IFR is consistent

with the intent of Sec. 217.

Special situations. There are two

situations where, because of the special

circumstances surrounding the need for

information, a motor carrier will update

the information in the MCS–150 more

frequently than the two-year refiling

interval specified in Section 217. They

are: (1) Verifications of information

made during the course of compliance

reviews, and (2) a motor carrier

registering its CMVs in States

participating in the PRISM program.

Compliance reviews. FMCSA safety

investigators must have up-to-date

motor carrier information to properly

perform record selection and exposurebased safety analyses when they

conduct compliance reviews (CRs). For

that reason, the FMCSA has had a

longstanding practice of requiring safety

investigators to begin the CR by asking

the motor carrier to verify the

information contained in its MCMIS

record. Since the information obtained

during a CR may lead to enforcement

action, it is clearly in the interest both

of the motor carrier and the agency that

it be accurate. Because a CR is an audit

with respect to a specific party, it is not

considered an information-gathering

activity subject to the Paperwork

Reduction Act. The agency does not

believe that requesting a motor carrier to

review MCS–150 information during the

course of a CR is inconsistent with the

requirements of Section 217.

Motor carriers in PRISM States. The

PRISM program links State commercial

motor vehicle registration to the safety

fitness of motor carriers. PRISM began

as a mandate by Congress to explore the

potential of linking the commercial

vehicle registration process to motor

carrier safety. The intent of Congress as

stated in Section 4003 of the Intermodal

Surface Transportation Efficiency Act

(ISTEA) of 1991 was to ‘‘link the motor

carrier safety information network

system of the Department of

Transportation and similar State

70512 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

systems with the motor vehicle

registration and licensing systems of the

States’’ to achieve two purposes: (1)

Determine the safety fitness of the motor

carrier prior to issuing license plates;

and (2) cause the carrier to improve its

safety performance through an

improvement process and, where

necessary, the application of registration

sanctions. The program has been

authorized for national implementation

under Section 4004 of TEA–21. It is a

key element in the FMCSA’s motor

carrier enforcement and safety

compliance program. The States

participating in PRISM receive special

grants to implement the program.

The commercial vehicle registration

process of the States provides the

framework for the PRISM program. It

serves two vital functions. First, it

establishes a system of accountability by

ensuring that no one receives a license

plate for a vehicle without identifying

the carrier responsible for the safety of

the vehicle during the registration year.

Second, the use of registration sanctions

(denial, suspension and revocation)

serve as a powerful incentive for unsafe

carriers to improve their safety

performance. The vehicle registration

process ensures that all carriers engaged

in interstate commerce are uniquely

identified through a USDOT number

when they register their vehicles. The

safety fitness of each carrier can then be

checked prior to issuing vehicle

registrations. The State can refuse to

register vehicles of an unfit carrier (as

defined by the FMCSRs).

The FMCSA has given PRISM States

access to the MCMIS database so they

may issue USDOT numbers to interstate

motor carriers as part of their

commercial vehicle registration

requirements. In addition, PRISM States

require motor carriers to annually

update information similar to that

contained in the MCS–150 to reflect

current operations. Some States enter

this information directly, others forward

it to the FMCSA for data entry. As of

September 1, 2000, 16 States participate

in the PRISM program. By the end of

September, 2001, we expect a total of 21

States to participate.

In summary, the PRISM program

responds to congressional direction. It

serves a specific safety purpose by

preventing motor carriers with

significant and persistent safety

deficiencies from registering their

CMVs, a fundamental requirement for

operating on public highways. The

FMCSA has determined that, if a motor

carrier in a PRISM State files

information similar to what is required

in the FMCSA’s MCS–150 annually

with the State commercial vehicle

registration office, this meets the

periodic filing requirement of this rule

and no additional filing with the

FMCSA is necessary.

The IFR does not change the

requirement of 49 CFR 390.19(e) that a

motor carrier must file this information,

and must not furnish misleading

information or make false statements.

Implementation Schedule

Until now, a motor carrier was

required to file the MCS–150 once, at

the time it began to operate in interstate

commerce. Under the IFR, it will be

required to file every 24 months. Even

though the agency does not expect

motor carriers to experience difficulties

in complying with this new rule, it still

represents a change from the status quo.

The new requirement for updating the

MCS–150 also requires a significant

change to the FMCSA’s operations and

resources required to accomplish this

activity. Historically, the FMCSA has

received approximately 50,000 forms

annually. Since the MCMIS currently

contains over 500,000 unique motor

carrier entries, and half of them would

submit updated information each year

of a 24-month update cycle, the agency’s

data entry and verification workload

will increase by approximately 400

percent. The FMCSA has been preparing

for this significant increase in activity,

and expects to have the resources in

place by late 2000 so it can complete the

necessary planning and testing of

procedures to accommodate the

increased volume of data entry and

verification.

In order to ease the burden on both

motor carriers and the FMCSA, the new

biennial update system will be

distributed over the first 10 months of

the calendar year. The first cycle will

begin in January, 2001. Those motor

carriers with an odd-number in the

next-to-last digit of their USDOT

number would be required to file in

calendar year 2001, and those with an

even number in the next-to-last digit of

their USDOT number would be required

to file in calendar year 2002. In each

cycle, motor carriers with a USDOT

number ending with the numeral 1 must

file by January 31 every other year.

Carriers with a number ending in 2 are

to file by February 28 or 29, and so

forth, through 0, the number for filing in

October. During the final two months of

each year, FMCSA staff will complete

the necessary verification of the

information filed.

For the initial phase of the

implementation period, the FMCSA will

allow motor carriers that would be

required to file their MCS–150 by the

end of January or February, 2001, to file

by the end of March, 2001. The agency

believes that providing this additional

time is appropriate to ensure that motor

carriers will have the opportunity to

become aware of this new requirement,

and to ensure that the agency is

prepared to handle it.

Rulemaking Analyses and Notices

The FMCSA has determined it is

appropriate to make this rule effective

on December 26, 2000. The

Administrative Procedure Act (APA) [5

U.S.C. 551 et seq.] allows an agency to

waive the requirement for notice and

comment before promulgating a rule

when those procedures are

‘‘impracticable, unnecessary, or contrary

to the public interest’’ [5 U.S.C. 553(b)].

In this case, prior notice and

opportunity for comment are

unnecessary. Section 217 directs the

FMCSA in detail to amend 49 CFR

385.21 (now recodified as § 390.19) to

require periodic updating of the MCS–

150, and to complete the initial update

of MCS–150 data within one year of the

date of enactment of the MCSIA. Section

217 provides that periodic updates shall

be required not more than biennially.

This IFR simply promulgates the

requirements of Section 217. It differs

from the statute only in setting an

orderly schedule for the updates.

Resource limitations of the new FMCSA

prevent it from implementing the

update of more than half a million

Motor Carrier Identification Reports as

rapidly as Congress anticipated, yet the

information is essential in meeting

agency goals and the burden on filers is

small. All of the substance of Section

217 is being adopted without change.

Because the statutory mandate is

specific, the rule follows it so closely,

and the burden on motor carriers is

extremely small, public comment would

not be expected to provide information

that would affect the outcome of the

rulemaking proceeding. Accordingly,

the FMCSA finds good cause to waive

prior notice of and opportunity for

comment on this rule.

However, the agency will consider

comments received by the comment

deadline in evaluating whether any

changes to this IFR are needed. Since

the 60-day comment period on this IFR

ends before the first updated report

must be filed, corrections or

improvements that are brought to our

attention can be incorporated into the

rule early in the 2001 filing cycle.

Comments received after the comment

closing date will be filed in the docket

and will be considered to the extent

practicable. In addition to late

comments, the FMCSA will also

continue to file relevant information in

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70513

the docket as it becomes available after

the comment period closing date. Please

continue to review the docket for new

material.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866, and is not significant

within the meaning of the Department

of Transportation’s regulatory policies

and procedures (DOT Order 2100.5

dated May 22, 1980; 44 FR 11034,

February 26, 1979). The current

requirement for motor carriers to file a

single MCS–150 before beginning

operations limits the agency’s ability to

maintain current information on the

industry that it regulates, and to

accurately gauge the safety outcomes of

its programs and activities. This IFR

responds to the requirement of Section

217 of the MCSIA by requiring motor

carriers operating in interstate or foreign

commerce to provide an update of the

information filed with the FMCSA on

their most recent MCS–150 no more

often than every two years. As discussed

in the next section, the IFR imposes so

little additional burden that a full

regulatory evaluation is unnecessary.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

agency has considered the effects of this

IFR on small entities. The FMCSA is

revising its requirement for filing the

MCS–150 to respond to direction

contained in Section 217 of the MCSIA.

Motor carriers are required to file their

MCS–150 updates according to a

schedule determined by the next-to-last

digit (whether the update would be filed

during an odd-numbered or evennumbered year) and the last digit (the

filing month) of their assigned USDOT

number.

As of April, 2000, the FMCSA

estimates there are 430,173 motor

carriers operating between 1 and 20

powered units (trucks, truck-tractors,

buses, and motorcoaches), and another

84,272 that operate an unspecified

number of powered units.

The agency has estimated that it takes

20 minutes to complete the MCS–150

the first time it is filed. However, the

agency estimates the biennial update

would take considerably less time

because most of the information is likely

to be the same and motor carriers would

already have had the experience of

completing the form at least once before.

For the purpose of this IFR, the agency

estimates that the biennial update

would take 10 minutes. The agency

considers the time necessary for motor

carriers to comply with this provision to

be de minimis: the time requirement is

estimated to be extremely small,

especially in comparison to the filing of

other information required from

businesses in their normal course of

operations. Furthermore, if the motor

carrier uses the postage-paid return form

provided by the agency, it will not incur

costs for mailing or facsimile

transmission costs. Therefore, 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.

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), a

Federal agency must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information it conducts, sponsors, or

requires through regulations. An

analysis of this rule has been made by

the FMCSA, and it has been determined

that it will affect the information

collection burden associated with the

currently-approved information

collection covered by OMB Control No.

2126–0013 (formerly 2125–0544). The

OMB approved the most recent update

of this information collection on

October 4, 1999. The approval period

runs through October 31, 2002.

For a motor carrier filing an MCS–150

for the first time, the FMCSA estimates

it takes approximately 20 minutes to

gather the information and complete the

form. The FMCSA estimates that there

are approximately 50,000 new motor

carriers annually who must file their

initial MCS–150. Until now, a motor

carrier has only been required to

complete and file this form once, when

it begins to operate CMVs in interstate

commerce. The IFR requires a motor

carrier to provide an update of the

information every two years, starting

January, 2001. For most motor carriers,

it is likely that much of the information

contained on the MCS–150 will remain

unchanged. The FMCSA estimates that

the updates required during calendar

year 2000, and the biennial update

starting January, 2001, would require 10

minutes. Because the agency is

implementing a regulation that will

require motor carriers to file this

information more frequently, the

FMCSA is required to submit this

proposed collection of information, as

revised, to OMB for review and

approval. The FMCSA seeks public

comment on this proposed information

collection requirement.

An NPRM concerning CMV marking,

published on June 16, 1998 (63 FR

32801) solicited public comments on

these information collection

requirements as a component of the

NPRM action. The OMB previously

received a summary of the comments

that address the MCS–150. 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.

Estimated Annual Reporting Burden:

Number of respondents: 535,000

motor carriers.

Burden hours: Biennial update:

535,000 × 50% (biennial) × 10 minutes

per update = 44,583 hours; Annual

initial MCS–150 filings: 50,000 × 20

minutes/60 = 16,667 burden hours.

Total estimated annual burden: 61,250

hours.

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,

70514 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

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.0. 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.

List of Subjects in 49 CFR Part 390

Highway safety, Motor carriers, Motor

vehicle identification and marking,

Reporting and recordkeeping

requirements

In consideration of the foregoing, the

FMCSA amends title 49, Code of

Federal Regulations, Chapter III, as

follows:

PART 390—[AMENDED]

1. Revise the authority citation for

part 390 to read as follows:

Authority: 49 U.S.C. 13301, 13902, 31132,

31133, 31136, 31502, 31504; sec. 204, Pub. L.

104–88, 109 Stat. 803, 941 (49 U.S.C. 701

note); sec. 217, Pub. L. 105–159, 113 Stat.

1748, 1767; and 49 CFR 1.73.

2. Amend § 390.19 by revising

paragraph (a) and adding paragraph (g)

to read as follows:

§ 390.19 Motor carrier identification report.

(a) Each motor carrier that conducts

operations in interstate commerce must

file a Motor Carrier Identification

Report, Form MCS–150 at the following

times:

(1) Before it begins operations; and

(2) Every 24 months, according to the

following schedule:

USDOT Number

ending in: Must file by last day of:

1 ......................... January.

2 ......................... February.

3 ......................... March.

4 ......................... April.

5 ......................... May.

6 ......................... June.

7 ......................... July.

8 ......................... August.

9 ......................... September.

0 ......................... October.

(3) If the next-to-last digit of its

USDOT number is odd, the motor

carrier shall file its update in every oddnumbered calendar year. If the next-tolast digit of the USDOT number is even,

the motor carrier shall file its update in

every even-numbered calendar year.

(4) Notwithstanding the schedule set

forth in paragraph (a)(2) of this section,

a motor carrier that would be required

to file the MCS–150 by the end of

January or February, 2001 must file the

form by the end of March, 2001.

* * * * *

(g) A motor carrier that registers its

vehicles in a State that participates in

the Performance and Registration

Information Systems Management

(PRISM) program (authorized under

section 4004 of the Transportation

Equity Act for the 21st Century [(Public

Law 105–178, 112 Stat. 107]) is exempt

from the requirements of this section,

provided it files all the required

information with the appropriate State

office.

* * * * *

Issued on: November 16, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator.

[FR Doc. 00–30032 Filed 11–22–00; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 223 and 224

[Docket No. 001103310-0310-01; I.D.

061199B]

Endangered and Threatened Species:

Puget Sound Populations of Pacific

Hake, Pacific Cod, and Walleye Pollock

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of determination.

SUMMARY: NMFS has completed an

Endangered Species Act (ESA) status

review for Pacific cod (Gadus

macrocephalus), Pacific hake

(Merluccius productus), and walleye

pollock (Theragra chalcogramma)

populations from the eastern North

Pacific Ocean between Puget Sound,

Washington, and southeast Alaska. After

reviewing available scientific and

commercial information, NMFS has

determined that none of the petitioned

populations in Puget Sound constitute

‘‘species’’ under the ESA. The agency

concludes that these populations are

part of larger distinct population

segments (DPSs) that qualify as species

under the ESA but do not warrant

listing as threatened or endangered at

this time. However, NMFS is adding the

Georgia Basin Pacific hake DPS to the

agency’s list of candidate species

because of remaining uncertainties

about its stock structure and status.

DATES: Effective November 24, 2000.

ADDRESSES: Protected Resource

Division, NMFS, 525 NE Oregon Street,

Suite 500, Portland, OR 97232.

Reference materials regarding this

determination can be obtained via the

Internet at www.nwr.noaa.gov/1salmon/

salmesa/pubs.htm.

FOR FURTHER INFORMATION CONTACT:

Garth Griffin, NMFS, Northwest Region

(503) 231-2005, or Marta Nammack,

NMFS, Office of Protected Resources

(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Petition Background

On February 8, 1999, the Secretary of

Commerce received a petition from Sam

Wright of Olympia, Washington to list

and designate critical habitat for 18

species of marine fishes in Puget Sound,

Washington, under the ESA. On June

21, 1999 (64 FR 33037), the agency

accepted the petition for seven of these

species, including three members of the

family Gadidae (gadids): Pacific cod,

Pacific hake, and walleye pollock (also

referred to as cod, hake, and pollock).

The petitioner requested listings for

‘‘species/populations or evolutionary

[sic] significant units’’ in Puget Sound,

Washington. Under the ESA, a listing

determination can address a species,

subspecies, or a distinct population

segment (DPS) of a species (16 U.S.C.

1532 (15)). The term ‘‘evolutionarily

significant unit’’ is currently defined

only for Pacific salmonid DPSs (56 FR

58612, November 20, 1991). Therefore,

for definitions of these petitioned

species, NMFS relied on the DPS

framework described in the joint NMFS/

USFWS policy (61 FR 4722, February 7,

1996), see ‘‘Consideration as a ‘Species’

Under the ESA’’ section.

To ensure a comprehensive review,

NMFS requested comments from any

party having relevant information

concerning (1) biological or other

relevant data that may help identify

gadid DPSs; (2) the range, distribution,

and size of these species’ populations in

Puget Sound and coastal waters of

Washington and British Columbia; (3)

current or planned activities and their

possible impact on these species; and

(4) efforts being made to protect these

species in Washington and British

Columbia. NMFS also requested