Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 32801

required to notify the Commission of

substantive changes in their state TRS

program within 60 days of the effective

date of the change and to file

documentation demonstrating that the

state TRS program remains in

compliance with the Commission’s

mandatory minimum standards. The

information collection generally would

be performed by a state official familiar

with the state’s telecommunications

relay program; it would have no impact

on large or small entities. The

Commission estimates that the costs of

compliance with this information

collection will be minimal.

E. Significant Alternatives Minimizing

Impact on Small Entities and Consistent

With Stated Objectives

The proposals in the NPRM, and the

comments the Commission seeks

regarding them, are part of the

Commission’s analysis of its role with

respect to the implementation and

operation of nationwide TRS for persons

with hearing and speech disabilities.

The guiding principal shaping these

proposals is Congress’ direction to the

Commission to ensure that TRS keeps

pace with advancing technology and

that the Commission’s rules do not

discourage the implementation of

technological advances or

improvements. The majority of TRS

service is provided by large

interexchange carriers and incumbent

local exchange carriers, and we believe

that the number of small entities

impacted by these proposals would be

potentially very small. With respect to

proposed amendments to the

Commission’s rules governing TRS, by

statute, common carriers providing

voice transmission services who are

subject to the TRS rules, including small

entities, may comply with their

obligations individually, through

designees, through a competitively

selected vendor, or in concert with other

carriers. 47 U.S.C. 225(c). For this

reason, the Commission expects that the

proposed rule amendments will have a

minimal impact on small entities.

Moreover, the NPRM does not propose

any reporting requirements applicable

to small entities. We tentatively

conclude that our proposals in the

NPRM would impose minimum burdens

on small entities. We encourage

comment on this tentative conclusion.

F. Federal Rules That Duplicate,

Overlap, or Conflict With Proposed

Rules

None.

List of Subjects in 47 CFR Part 64

Communications common carriers,

disabilities, telephone,

telecommunications relay service.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–15719 Filed 6–15–98; 8:45 am]

BILLING CODE 6712–01–P

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.

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
32802 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules

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 § 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 § 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 VehicleHighway 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 § 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

§ 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.
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 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

§§ 385.21 and 385.23 and combine the

requirements of those two sections into

a new § 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 baseState 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.
32804 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules

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 § 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 § 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

§ 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
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 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 nonfatality 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 phasein 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.
32806 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules

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.

§§ 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.

§ 390.19 [Redesignated as § 390.17]

5. Section 390.19 is redesignated as

§ 390.17.

6. A new § 390.19 is added to subpart

B to read as follows:

§ 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 § 390.5 of this

part, along with the additional

information required by § 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:

§ 390.21 Marking of commercial motor

vehicles.

(a) General. Every self-propelled

commercial motor vehicle, as defined in

§ 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

§ 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.
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 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 selfpropelled 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 selfpropelled 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.

§§ 390.401, 390.403, 390.405, and 390.407

[Removed]

8. Part 390, subpart D, consisting of

§§ 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