[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Proposed Rules]
[Pages 32801-32807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15881]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 385 and 390

[FHWA Docket No. FHWA-98-3947]
RIN 2125-AD49


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

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA is proposing to amend its regulations concerning the 
marking of commercial motor vehicles (CMVs) and the submission of the 
Motor Carrier Identification Report (Form MCS-150) that new motor 
carriers must submit to the FHWA. The FHWA is proposing to eliminate 
the marking regulations of the former Interstate Commerce Commission 
(ICC), and require that motor carriers replace the vehicle markings 
specified by those requirements with markings that conform to the 
requirements of 49 CFR 390.21. The agency is proposing to amend its 
current 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, and the 
city and State for the principal place of business as they appear on 
the Form MCS-150. Motor carriers would be allowed two years to comply 
with the proposed marking requirement to affix the USDOT number to both 
sides of their CMVs and five years to comply with the additional 
requirements to add the address of the principal place of business, and 
the legal name or DBA name to their CMVs. The FHWA is also proposing to 
move the regulations that require motor carriers to submit the Form 
MCS-150 from 49 CFR part 385 to part 390, and to amend the regulations 
to require that all new interstate motor carriers submit a Form MCS-150 
to the FHWA before (rather than within 90 days after) commencing 
operations. The FHWA solicits public comment from interested persons on 
this action, including responses to the information collection 
requirements set forth in this document.

DATES: Written comments must be received on or before August 17, 1998.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10:00 a.m. and 5:00 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Forjan, Office of Motor 
Carrier Research and Standards, (202) 366-4001, or Mr. Charles Medalen, 
Office of the Chief Counsel, (202) 366-1354, Federal Highway 
Administration, Department of Transportation, 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

    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 ICC 
authorized for-hire motor carriers that complied with the marking 
requirements formerly in 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). In response to this action, the FHWA is proposing to: (1) 
eliminate the marking requirements at 49 CFR 390.401, 390.403, 390.405, 
and 390.407, Identification of Vehicles; and (2) require all motor 
carriers operating CMVs in interstate commerce, including those motor 
carriers formerly authorized by the ICC, to meet the vehicle marking 
requirements at 49 CFR 390.21. The

[[Page 32802]]

FHWA believes it is important that CMVs be properly marked so that the 
public has an effective means to identify motor carriers operating in 
an unsafe manner. Such markings will assist State officials conducting 
roadside inspections and accident investigations in attributing 
important safety data to the correct motor carrier.

Use of the Motor Carrier Identification Number

    The FHWA regulates the safety aspects of interstate motor carrier 
operations. All motor carriers must file a motor carrier identification 
report (Form MCS-150) with the FHWA within 90 days after beginning 
interstate operations. Shortly after the receipt of a completed Form 
MCS-150, the FHWA assigns a USDOT number to the motor carrier and 
notifies it of the number assigned.
    The Motor Carrier Management Information System (MCMIS) is a 
computerized information system containing comprehensive safety 
performance data on individual interstate motor carriers. These data 
are supplied by State and Federal motor carrier safety personnel and 
the motor carriers themselves. The data are maintained on a central 
mainframe computer and are available for use by States, Federal 
agencies, the motor carrier industry, insurance companies, and others.
    All safety performance data on each motor carrier are linked to the 
USDOT number. This includes roadside inspection data, accident data, 
including safety and compliance review information. The USDOT number is 
used to link data together to produce summaries or reports on specific 
motor carriers. These data are often used to establish priorities for 
motor carrier educational and enforcement activities by both Federal 
and State agencies. Thus, one of the ultimate goals of the MCMIS is to 
receive adequate and reliable safety performance data on each 
individual carrier to support overall trends and evaluate program 
effectiveness.
    It is extremely difficult, however, to produce an accurate report 
of a motor carrier's safety performance without the use of a unique 
identifying data element for that motor carrier. The identity of the 
motor carrier cannot always be determined from the data recorded on the 
roadside inspection report. For example, many motor carriers in the 
United States and Canada have the same or similar names. In addition, 
many motor carriers have regional and terminal offices separate from 
their principal place of business. Yet, any of these addresses is 
currently acceptable under Sec. 390.21(b)(2). Likewise, use of multiple 
names and addresses by motor carriers makes it difficult for the FHWA 
to match roadside inspection data with a specific motor carrier in the 
MCMIS. During calendar year 1996, 212,712 of the 1,479,259 roadside 
inspections could not be matched to the correct motor carrier. 
Excessive resources are expended in an attempt to resolve this 
continuing ``non-match'' problem. Accordingly, the FHWA is proposing 
this action to better identify and match safety performance data with 
the correct motor carrier.

Legal Name or Trade Name

    The FHWA proposes to require a motor carrier to mark both sides of 
each self-propelled CMV it operates with the legal name or the name 
under which the carrier does business (DBA name), as that name is shown 
on the Form MCS-150. The current marking requirement in 
Sec. 390.21(b)(1) allows the motor carrier to use its ``name or trade 
name,'' but does not require that name to be the same name as the motor 
carrier listed on its Form MCS-150. The MCMIS only contains the legal 
name and a single trade (DBA) name and, therefore, is limited in its 
ability to correctly match inspection reports with motor carriers. This 
proposed change is intended to improve identification methods so that 
States can assign performance data to the correct motor carrier. This 
action will help alleviate the ``non-match'' problem that currently 
exists.
    A reliable means of correctly identifying motor carriers is 
critical, given: (1) the trend toward ``automated roadside 
inspections''; (2) ``electronic clearance'' technologies being explored 
through the Intelligent Transportation System (ITS) program (formerly 
known as the Intelligent Vehicle-Highway Systems program), under 
authority granted by the Intelligent Vehicle-Highway Systems Act of 
1991 (IVHS) (secs. 6051-6059 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, 2189-
2195); (3) the increasing costs of conducting roadside inspections; (4) 
the FHWA's growing reliance on ``performance data''; and (5) the need 
for more efficient methods of evaluating the safety fitness of motor 
carriers.
    The FHWA believes that the number of motor carriers affected by 
this change will be relatively small. The precise number cannot, 
however, be determined from existing databases. Motor carriers with 
multiple trade names would be permitted to decide upon a DBA name with 
which to mark their CMVs and to notify the FHWA by submitting a revised 
Form MCS-150. The FHWA does not want to impose additional financial 
hardship upon the motor carriers. Therefore, the USDOT number would not 
need to be marked on existing CMVs until two years after the 
publication of the rule and the motor carrier would have five years 
from the publication of the rule to affix the legal name or DBA name on 
both sides of their CMVs.

Principal Place of Business Address Required on CMVs

    The FHWA also proposes to remove the language in Sec. 390.21(b)(2) 
that allows a motor carrier to mark its CMVs by displaying the address 
where the vehicle is customarily based. The FHWA would require a motor 
carrier to mark its CMVs only with the address of its principal place 
of business. A single address, like the single name discussed in the 
previous section, would significantly increase the ability of 
enforcement personnel at an accident scene, or a roadside inspection, 
to properly identify the motor carrier and ensure that data collected 
is assigned to the proper motor carrier. This new requirement would 
apply to the entire fleet, including those CMVs located at a terminal 
office. The motor carrier would have five years from the effective date 
of the rule to affix the address of the principal place of business on 
both sides of their CMVs.

New Carriers Required to File MCS-150 Before Commencing Operations

    The FHWA is proposing to amend the requirement under which new 
motor carriers must file the Form MCS-150. The current requirement 
allows a new motor carrier to file Form MCS-150 within 90 days after 
beginning operations. The proposed change would require all new motor 
carriers to file Form MCS-150 before commencing operations. The FHWA 
has streamlined the process for filing the Form MCS-150 by making it 
available on the Internet. Motor carriers calling for the Form MCS-150 
may access the Internet through the DOT WEB page at: ``HTTP://
WWW.FHWA.DOT.GOV/OMC/OMCHOME.HTML''. Motor carriers can download the 
Form MCS-150, complete it, and submit it by mail. Carriers may also 
obtain copies of the form from the FHWA Regional Offices listed in 
Sec. 390.27.

Proposed Implementation Plan

    The FHWA recognizes that the time it would take a motor carrier to 
bring a large fleet into compliance with a new vehicle marking rule may 
be significant.

[[Page 32803]]

Under this proposal, all CMVs that are part of a motor carrier's 
existing fleet on the effective date of this rule, and which are marked 
currently with an ICC MC number, would have two years to come into 
compliance with the proposed marking requirements as they apply to the 
USDOT number. When the ICC was terminated, most for-hire carriers 
removed the ICC acronym from their CMVs. The FHWA now issues only the 
MC number to the for-hire carriers. Thus, the former ICC MC number will 
be referred to only as the ``MC'' number in this document. A motor 
carrier would not be required to remove the MC number when it affixes 
the USDOT number, but may do so if it wishes. All CMVs added to a motor 
carrier fleet after the effective date of a final rule would be 
required to meet all of the marking requirements, including marking 
CMVs with the legal name or the name under which it does business (DBA 
name), as that name is shown on the Form MCS-150, and marking CMVs only 
with the address of its principal place of business.
    The FHWA believes that two years would be a sufficient period of 
time for the motor carrier to meet the proposed marking requirements 
for adding the USDOT number, and five years to affix the address of the 
principal place of business, and the legal name or DBA name on both 
sides of their CMVs, without creating either an administrative or 
economic hardship for motor carriers.

Motor Carrier Identification Report (Section 385.21), Failure to Report 
(Section 385.23), and Form MCS-150, Motor Carrier Identification Report 
(Appendix to Part 385)

    The FHWA proposes to remove Secs. 385.21 and 385.23 and combine the 
requirements of those two sections into a new Sec. 390.19, Motor 
Carrier Identification Report. Form MCS-150, which is now an appendix 
to part 385, would be redesignated as an appendix to part 390. This 
proposed change would place the Form MCS-150 and the CMV marking 
requirements in the same part of the Federal Motor Carrier Safety 
Regulations (FMCSRs). The items proposed in this NPRM may change the 
information required to be on the MCS-150 (e.g., references to the 
ICC). The FHWA will make the appropriate changes after a review of the 
docket comments and the existing supply of MCS-150s in stock is 
depleted.

States Encouraged To Require USDOT Numbers for Intrastate Motor 
Carriers

    The FHWA intends to allow and encourage the States to issue USDOT 
numbers to intrastate motor carriers. Currently, USDOT numbers are 
issued only by the FHWA to motor carriers engaged in interstate 
commerce. In the interest of uniformity and positive identification of 
all motor carriers engaged in commerce, the FHWA encourages the States 
to require their intrastate motor carriers to file Form MCS-150, or a 
similar form, with an appropriate State office. Upon receipt of the 
completed document, the States would record the information, assign the 
motor carrier a USDOT number from the FHWA database, and notify the 
motor carrier of its new number. If the States are willing to accept 
this responsibility, they would also need to require intrastate motor 
carriers to mark their CMVs with the USDOT number, and company name and 
address, in the same manner as proposed in this document.
    The FHWA program initiatives have been directed toward uniform 
safety regulations for the motor carrier industry. The desire for 
uniformity was also expressed by much of the motor carrier industry via 
docket submissions, public hearings, and nominal group process meetings 
conducted as part of the public outreach portion of the FHWA's Zero 
Base Review of the FMCSRs. Having the various States and other 
government agencies use the USDOT number nationwide as the single motor 
carrier identifier would be a major step in achieving uniformity. The 
USDOT number could also serve as a motor carrier's designated 
identifier for the base-State programs mandated by the ISTEA. Since 
September 30, 1996, States may collect motor carrier fuel tax and 
registration fees only through base-State agreements, such as the 
International Registration Plan (IRP) and the International Fuel Tax 
Agreement (IFTA).
    The Motor Carrier Safety Assistance Program (MCSAP) has increased 
its emphasis on traffic enforcement for CMVs over the last several 
years. These enforcement activities are performed by State enforcement 
officials and local officers who may not be familiar with motor carrier 
operations. Having the USDOT number as the single identifier for all 
motor carriers would ensure that the information collected at the 
roadside would be maintained in the correct motor carrier file.
    The Commercial Vehicle Operations (CVO) component of the ITS 
program is another area where adoption of the USDOT number by States 
would enhance uniformity. The following are specific examples of ITS/
CVO technology:
    (1) electronic clearance of State and international borders by 
drivers and CMVs which are both legal and safe; (2) faster and more 
effective automated roadside inspections of commercial motor vehicles; 
(3) on-board safety devices to monitor driver alertness, vehicle 
defects, or other problems while the vehicle is in motion, and if 
necessary to notify the driver, carrier, and possibly enforcement 
personnel; (4) electronic purchase of credentials, and automated 
mileage and fuel reporting and auditing; (5) real-time communications 
between drivers, dispatchers, and intermodal transportation providers 
with information on congestion and routing options; and (6) hazardous 
materials (HM) incident notification which would provide HM response 
teams with timely and accurate information on cargo compartment 
contents, enabling them to react properly in emergency situations. An 
integrated information system capable of handling functions such as 
these is critically dependent upon a unique identifying number. The 
FHWA believes that the USDOT number can meet these needs.

Mexican and Canadian Carriers Also Subject to CMV Marking Requirements

    Mexico-based motor carriers who are presently operating under an MX 
number, and Canadian motor carriers operating under an MC number will 
also be required to meet all the CMV marking requirements proposed in 
this rule when operating in the United States.

Transportation Lawyers Association Petitions for Rulemaking

    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 a Form MCS-150 biennially 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 its Form MCS-150 to include blocks for motor carrier revenue, 
mileage, and accident data.
    On August 26, 1996, the FHWA published an advance notice of 
proposed rulemaking (ANPRM), Motor Carrier Replacement Information/
Registration System [61 FR 43816] . That notice was published in 
response to 49 U.S.C. 13908, enacted by section 103 of the ICCTA, which 
requires the Secretary to initiate a rulemaking proceeding to replace 
the current Department of Transportation identification number system, 
the single State registration system (49 U.S.C.

[[Page 32804]]

14504), the registration and licensing system (49 U.S.C. 13901-13905), 
and the financial responsibility information system with a single, on-
line Federal system. The review and improvement of these information 
systems (49 U.S.C. 13906) will benefit the motor carrier industry, the 
States, the Federal government, and the public. In that ANPRM, the FHWA 
requested public comment from interested persons and responses to 
specific questions, several of which address issues raised by the TLA 
petition: Should the FHWA retain the USDOT identification number system 
as is? Who should be included as contributors to and users of this 
system? How could the system be improved? Should Forms MCS-150, MCS-90 
and MCS-82 be retained, modified or eliminated? Do they capture only 
the necessary information? Should the information on Form MCS-150 be 
updated periodically? If so, at what intervals? Because the rulemaking 
to implement 49 U.S.C.13908 is much broader than the TLA request, the 
FHWA has decided neither to grant nor deny the petition, but rather to 
file it as a docket comment to the August 26, 1996, ANPRM. The FHWA 
encourages the TLA to participate actively in the future course of that 
rulemaking proceeding.

Commercial Vehicle Safety Alliance Petitions for Regulatory Changes

    The Commercial Vehicle Safety Alliance (CVSA) and the Steering 
Committee of the Commercial Vehicle Information System (CVIS) jointly 
petitioned the FHWA, on July 13, 1994, for a number of regulatory 
changes pertaining to marking requirements. The petitioners asked the 
FHWA to require all motor carriers to mark their vehicles with the 
USDOT number. As already discussed, the FHWA is proposing to eliminate 
the current rule which allows for-hire motor carriers operating under 
authority formerly issued by the ICC to mark their vehicles in 
accordance with 49 CFR 390.401, 390.403, 390.405, and 390.407 
(Identification of Vehicles) in lieu of obtaining a USDOT number.
    When drivers, vehicles, and even motor carriers are operating under 
lease to other motor carriers, it is sometimes difficult for 
enforcement personnel to decide who is responsible for regulatory 
compliance. The CVSA and the CVIS Steering Committee, therefore, asked 
the FHWA to require the USDOT number of the party responsible for 
safety be listed on appropriate documents carried in each vehicle. The 
motor carrier (lessee) is always responsible for its employees under 
Sec. 390.11. Petitioners suggested that the lease itself could be 
marked with the USDOT number, but marking the driver's record of duty 
status would give the same information with minimal changes in current 
procedures. Petitioners also recommended that the FHWA ask the ICC 
(which has been abolished pursuant to the ICCTA) to amend: (1) 49 CFR 
part 1058 (now 49 CFR part 390, subpart D) to require all motor 
carriers regulated by the ICC to obtain and display a USDOT number; and 
(2) part 1057 ( now 49 CFR part 376, Lease and Interchange of 
Vehicles), to require the inclusion of the USDOT number on all lease 
documents.
    Finally, the CVSA and the CVIS Steering Committee asked the FHWA to 
make the requirements of Sec. 390.21 applicable in some way to all 
intrastate motor carriers.
    The FHWA replied by letter on September 7, 1994, that it would not 
rule on the petition, but would simply allow the Office of Motor 
Carriers to proceed with this rulemaking, which began some months 
before the CVSA and the CVIS Steering Committee approached the agency. 
The FHWA believes this NPRM addresses the concerns expressed by the 
petitioners. The proposed rule would require all motor carriers subject 
to the FMCSRs, including those motor carriers formerly regulated by the 
ICC, to comply with the CMV marking requirements set forth in 
Sec. 390.21. However, the FHWA has no direct authority to impose 
marking requirements on intrastate motor carriers. As stated 
previously, the agency will actively encourage the States to issue all 
intrastate motor carriers USDOT numbers which will serve as the single 
national identifier. The petitioners' request that the FHWA require the 
USDOT number of the party responsible for safety be listed on 
appropriate documents is not addressed in this rulemaking, because that 
issue will be the subject of a subsequent rulemaking.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated in the DATES section will be considered and will 
be available for examination in the docket room indicated in the 
ADDRESSES section. Comments received after the comment closing date 
will be filed in the docket and will be considered to the extent 
practicable, but the FHWA may issue a final rule at any time after the 
close of the comment period. In addition to late comments, the FHWA 
will also continue to file in the docket relevant information that 
becomes available after the comment period closing date. Interested 
persons should examine the docket for new material.

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

    This document proposes to amend part 390 to require that all CMVs 
that are part of a motor carrier's existing fleet on the effective date 
of this rule and which are marked currently with MC numbers, also mark 
those vehicles with their assigned USDOT number and correct name and 
address (city and state) if necessary. Motor carriers would be given 
two years from the date this rule becomes effective to affix the USDOT 
number to the vehicles in their existing fleet. Motor carriers would 
have five years from the date this rule becomes effective to affix the 
address of the principal place of business, and the legal name or DBA 
name on both sides of their CMVs, as shown on the Motor Carrier 
Identification Report, Form MCS-150. Motor carriers would not be 
required to remove the MC numbers from vehicles in their existing 
fleet, but would be prohibited from displaying the MC numbers on new 
vehicles entering the fleet. All CMVs added to a motor carrier's fleet 
after the effective date of a final rule in this proceeding would be 
required to meet all the proposed marking requirements prior to the 
vehicles being put into service.
    The FHWA has determined that this document is a significant 
regulatory action under Executive Order 12866 and is significant under 
the DOT's regulatory policies and procedures. A regulatory evaluation 
was prepared, and has been placed in the docket. This evaluation shows 
that this proposed rule would cost carriers approximately $10.7 million 
spread over a five-year phase-in period. The discounted cost, based on 
a 7 percent discounted rate, would be $9.2 million.
    The benefits of this rule, although significant, are difficult to 
quantify. The primary benefit would be an improvement in the FHWA's 
ability to identify problem carriers and to take action to reduce the 
potential for harm from these carriers. The action taken would depend 
upon the severity of the problem. Dangerous or unsafe carriers, such as 
those with a consistently high out-of-service (OOS) rate or a greater 
than expected number of accidents, could be forced to discontinue 
operations. Carriers with less severe problems could be targeted for 
educational and other enforcement actions. While FHWA programs cannot 
entirely eliminate the threat from unsafe carriers, we believe that the 
combination of educational and

[[Page 32805]]

enforcement programs can reduce the negligent behavior that leads to 
many accidents. The extreme action of closing a carrier would eliminate 
the dangerous behavior of risky carriers entirely. Given the relatively 
modest cost of this proposal, only a small number of accidents would 
have to be deterred to make it cost beneficial. The DOT uses a 
threshold value per fatality deterred of approximately $2.7 million. 
Thus, the benefits of this proposal would exceed the costs if four 
fatalities were deterred over five years. Other combinations of crashes 
avoided (fatality, injury and property-damage-only) could also drive 
the benefits of this proposal above its costs, with the precise figures 
depending on the severity of the non-fatality accidents. The FHWA 
believes that this proposal could lead to the prevention of a small 
number of accidents, and thus could prove cost beneficial. The 1996 
National Highway Traffic Safety Administration (NHTSA) data shows large 
truck crashes resulted in 130,000 injuries and 5,126 fatalities. The 
NHTSA statistics also show that 296,000 heavy trucks were involved in 
crashes resulting on property damage.
    The FHWA programs not only improve the safety of carriers visited, 
they also serve as a deterrent to other companies. In order for this 
deterrent effect to work, other carriers must see that carriers which 
do not comply with the safety regulations are visited and, if 
necessary, subjected to enforcement actions. If unsafe carriers are not 
visited, there is little incentive for carriers to improve their safety 
standards. By enhancing the FHWA's ability to identify and visit unsafe 
carriers, this regulation will increase the deterrent effect of the 
FHWA's safety programs.

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 more fully in 
the regulatory flexibility analysis, a copy of which is in the docket. 
This rule would require all former ICC motor common and contract 
carriers to mark their CMVs with a ``USDOT Number'' and the city and 
State in which the motor carrier maintains its principal place of 
business.
    The FHWA estimates that approximately 725,000 vehicles are operated 
by carriers regulated by the former ICC, and that 10% of these vehicles 
already display both ICC and DOT numbers and 50% have proper name and 
address identification. The cost to properly mark the remaining 
vehicles (those not yet in compliance) depends on the carrier's fleet 
size and what marking is required. A large carrier can apply a new DOT 
number for $4 per vehicle, while it would cost a small carrier $41 to 
change the DOT number, name, and address. This proposal would cost 
carriers approximately $10.7 million, which would be spread over the 5 
year phase-in period. At a 7% discount rate, the discounted cost would 
be $9.2 million.
    The benefits of this rule, while important, are difficult to 
quantify. The primary benefit will be that the FHWA will be better able 
to identify unsafe carriers and to take remedial action to make them 
safer. A secondary benefit is that the enhanced FHWA safety programs 
resulting from this rule will act as a deterrent to other carriers, by 
discouraging them from engaging in unsafe practices.
    In order to minimize the cost of this rule, the FHWA is proposing a 
two-year phase-in period for marking of the USDOT number and a five-
year phase-in period to meet all additional marking requirements. This 
should give carriers with small fleets (and others) ample time to 
comply without disrupting their operations.
    The FHWA believes that the cost of marking each CMV will be modest. 
Therefore, under the criteria of the Regulatory Flexibility Act, the 
FHWA hereby certifies that this action will not have a significant 
economic impact on a substantial number of small entities. The FHWA 
welcomes comments, information, and data on these potential impacts.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that a final rule, if promulgated, would not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

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 or sponsor. ``Collection of information'' is defined at 44 
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or 
requirements that members of the public submit records, or provide 
information to a third party. The FHWA has determined that this 
proposal contains new collection of information requirements for 
purposes of the PRA. The new information collection requirements in 
this proposal are a result of the enactment of the ICCTA which 
abolished the ICC, and transferred many of the duties and functions of 
the ICC to the Secretary. In response to this action, the FHWA is 
proposing to eliminate the marking requirements of the former ICC and 
require all motor carriers operating CMVs in interstate commerce, 
including those motor carriers formerly authorized by the ICC, to meet 
the vehicle marking requirements at 49 CFR 390.21. The FHWA believes it 
is important that CMVs be properly marked so that the public has an 
effective means to identify motor carriers operating in an unsafe 
manner. Such markings will assist State officials conducting roadside 
inspections and accident investigations in attributing important safety 
data to the correct motor carrier.
    Prior to the ICC's elimination, carriers regulated by the former 
ICC had to display their MC number on both sides of their power units. 
The FHWA currently permits carriers regulated by the former ICC to 
display their MC number in lieu of the DOT number. This has led to 
difficulties in tracking carriers' performance, so that the FHWA is not 
able to identify problem carriers accurately and expeditiously.
    This NPRM would require carriers regulated by the former ICC to 
display a USDOT number on all of their vehicles. Vehicles would also 
have to display the owner's legal name or DBA name and the city and 
State of their principal place of business as designated on their 
completed MCS-150. If a motor carrier is using a name for its business 
that is not one of the two names on its current MCS-150, the motor 
carrier would be required to submit an updated MCS-150, to the FHWA, 
within 90 days from the effective date of this rule indicating a 
change. Existing vehicles would be required to be marked with a USDOT 
number within 2 years of promulgation of the rule, and they would have 
5 years to meet the name and address requirements. New vehicles would 
have to meet these requirements immediately after the effective date of 
a final rule.

[[Page 32806]]

    The information collection requirements contained in Form MCS-150 
have been approved by the OMB under the provisions of the PRA and 
assigned the control number of 2125-0544 which expires on January 31, 
2000. Because this action contains new activities for motor carriers to 
file the MCS-150, the FHWA is required to resubmit this proposed 
collection of information, as revised, to OMB for review and approval. 
Accordingly, the FHWA seeks public comment on the proposed information 
collection requirement in this action.
    Interested parties are invited to send comments regarding any 
aspect of these information collection requirements, including, but not 
limited to: (1) whether the collection of information is necessary for 
the performance of the functions of the FHWA, including whether the 
information has practical utility; (2) the accuracy of the estimated 
burden; (3) ways to enhance the quality, utility, and clarity of the 
collected information; and (4) ways to minimize the collection burden 
without reducing the quality of the information collected.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

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, Highways and roads, Motor carriers, Motor vehicle 
safety.

49 CFR Part 390

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

    Issued on: June 9, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend 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 
and 31502; 49 CFR 1.48.


Secs. 385.21 and 385.23  [Removed]

    2. Sections 385.21 and 385.23 are removed.

Appendix A to Part 385, Form MCS-150, Motor Carrier Identification 
Report [Redesignated]

    3. In chapter III, appendix A to part 385, Form MCS-150, Motor 
Carrier Identification Report, is redesignated as appendix A to part 
390, and appendix A to part 385 is reserved.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS

General [Amended]

    4. The authority citation for part 390 continues 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 1.48.


Sec. 390.19  [Redesignated as Sec. 390.17]

    5. Section 390.19 is redesignated as Sec. 390.17.
    6. A new Sec. 390.19 is added to subpart B to read 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, is 
available from all FHWA region and division motor carrier offices 
nationwide and from the FHWA Office of Motor Carrier Information 
Analysis, 400 Seventh Street, SW., Washington, D.C. 20590.
    (c) The completed Motor Carrier Identification Report, Form MCS-
150, shall be filed with the FHWA, Office of Motor Carrier Information 
Analysis, 400 Seventh Street, SW., Washington, DC 20590.
    (d) Only the legal name or a single trade name of the motor carrier 
operating the self-propelled commercial motor vehicle, as listed on the 
motor carrier identification report (Form MCS-150) and submitted in 
accordance with this section, may be used. If the business name 
currently being used by the motor carrier is not the legal name or a 
single trade name, a revised Form MCS-150 must be submitted within 90 
days from the effective date of this rule to the FHWA indicating a 
change.
    (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. 522(b).
    (f) Upon receipt and processing of the Motor Carrier Identification 
Report, Form MCS-150, the FHWA will issue the motor carrier an 
identification number (USDOT number). The motor carrier must display 
the number on every self-propelled Commercial motor vehicle, as defined 
in Sec. 390.5 of this part, along with the additional information 
required by Sec. 390.21.

(Approved by the Office of Management and Budget under control 
number 2125-0544)

    7. Section 390.21 is revised, to read as follows:


Sec. 390.21  Marking of commercial motor vehicles.

    (a) General. Every self-propelled commercial motor vehicle, as 
defined in Sec. 390.5 of this part, 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 commercial motor vehicle, as listed on the 
motor carrier identification report (Form MCS-150) and submitted in 
accordance with Sec. 390.19.
    (2) The city or community and State [name abbreviated], in which 
the carrier maintains its principal place of business.
    (3) The motor carrier identification number issued by the FHWA, 
preceded by the letters ``USDOT'.
    (4) If the name of any person other than the operating carrier 
appears on the commercial motor vehicle operated under its own power, 
either alone or in combination, the name of the operating carrier shall 
be followed by the information required by paragraphs (b)(1), (2), and 
(3) of this section, and be preceded by the words ``operated by.''
    (5) Other identifying information may be displayed on the vehicle 
if it is not inconsistent with the information required by this 
paragraph.
    (6) Each motor carrier shall meet the following requirements 
pertaining to its operation:
    (i) All commercial motor vehicles that are part of a motor 
carrier's existing fleet on (the effective date of the final rule) and 
which are marked with an ICC MC number shall come into compliance with 
paragraph (b)(3) of this section within two years.

[[Page 32807]]

    (ii) All commercial motor vehicles that are part of a motor 
carrier's existing fleet on (the effective date of the final rule) and 
which are not marked with the address of the principal place of 
business, and the legal name or DBA name on both sides of their CMVs, 
as shown on the Motor Carrier Identification Report, Form MCS-150, 
shall come into compliance with paragraphs (b)(1) and (2) of this 
section within five years.
    (iii) All commercial motor vehicles added to a motor carrier's 
fleet on or after (the effective date of the final rule) shall meet the 
requirements of this section before being put into service.
    (c) Size, shape, location, and color of marking. The marking must--
    (1) Appear on both sides of the self-propelled commercial motor 
vehicle;
    (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 while the commercial motor vehicle 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 
commercial motor vehicle 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 shall be maintained as 
required by paragraph (c)(4) of this section.
    (e) Rented commercial motor vehicles. A motor carrier operating a 
self-propelled commercial motor vehicle under a rental agreement having 
a term not in excess of 30 calendar days meets the requirements of this 
section if:
    (1) The commercial motor vehicle is marked in accordance with the 
provisions of paragraphs (b) through (d) of this section; or
    (2) The commercial motor vehicle is marked as set forth below:
    (i) The name or trade name of the lessor is displayed in accordance 
with paragraphs (c) and (d) of this section;
    (ii) The city or community and State (name abbreviated) in which 
the lessor maintains its principal place of business or in which the 
commercial motor vehicle is customarily based is displayed in 
accordance with paragraphs (c) and (d) of this section;
    (iii) The lessor's identification number preceded by the letters 
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of 
this section; and
    (iv) 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 Federal Highway Administration, 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 commercial motor 
vehicle;
    (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 commercial motor vehicle''; and
    (v) The rental agreement entered into by the lessor and the renting 
motor carrier is carried on the rental commercial motor vehicle during 
the full term of the rental agreement. See the leasing regulations at 
49 CFR 376 (formerly 49 CFR 1057) for information that should be 
included in all leasing documents.


Secs. 390.401, 390.403, 390.405, and 390.407  [Removed]

    8. Part 390, subpart D, consisting of Secs. 390.401, 390.403, 
390.405, and 390.407, is removed in its entirety.

[FR Doc. 98-15881 Filed 6-15-98; 8:45 am]
BILLING CODE 4910-22-P