81_FR_49698 81 FR 49553 - Unified Registration System; Correction

81 FR 49553 - Unified Registration System; Correction

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 145 (July 28, 2016)

Page Range49553-49555
FR Document2016-17461

FMCSA is correcting the effective and compliance dates for its August 23, 2013, Unified Registration System (URS) final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, Intermodal Equipment Providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities required to register with FMCSA, and streamline the existing Federal registration processes to ensure the Agency can more efficiently track these entities. The October 21, 2015 final rule made slight revisions to the 2013 rule and delayed the effective dates of that rule. This final rule corrects the effective and compliance dates, revised in 2015, and corrects regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology (IT) systems work.

Federal Register, Volume 81 Issue 145 (Thursday, July 28, 2016)
[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Rules and Regulations]
[Pages 49553-49555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17461]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392

[Docket No. FMCSA-1997-2349]
RIN 2126-AB85; Formerly 2126-AA22


Unified Registration System; Correction

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

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: FMCSA is correcting the effective and compliance dates for its 
August 23, 2013, Unified Registration System (URS) final rule, as 
revised on October 21, 2015. The 2013 URS final rule was issued to 
improve the registration process for motor carriers, property brokers, 
freight forwarders, Intermodal Equipment Providers (IEPs), hazardous 
materials safety permit (HMSP) applicants, and cargo tank facilities 
required to register with FMCSA, and streamline the existing Federal 
registration processes to ensure the Agency can more efficiently track 
these entities. The October 21, 2015 final rule made slight revisions 
to the 2013 rule and delayed the effective dates of that rule. This 
final rule corrects the effective and compliance dates, revised in 
2015, and corrects regulatory provisions that have not yet gone into 
effect, as well as several temporary sections that are in effect 
already, to allow FMCSA additional time to complete the information 
technology (IT) systems work.

DATES: Effective Dates: The effective of this rule is July 28, 2016.
    The effective date of the rule published at 80 FR 63695 (October 
21, 2015), is delayed until January 14, 2017, and Sec. Sec.  365.T106, 
368.T3, and 390.T200 are effective until January 13, 2017.
    The corrections to the rule published October 21, 2015 (80 FR 
63695), are effective on January 14, 2017.
    The effective date of the rule published at 78 FR 52608 (August 23, 
2013) is further delayed until January 14, 2017.
    Compliance Dates: The compliance date for the rule published at 80 
FR 63695 (October 21, 2015), is delayed until January 14, 2017, and new 
applicants must comply with Sec. Sec.  365.T106, 368.T3 or 390.T200 (as 
applicable) until January 13, 2017; private hazardous material carriers 
and exempt for-hire carriers must comply with Sec.  387.19 or Sec.  
387.43 (as applicable)

[[Page 49554]]

by April 14, 2017; and all entities must comply with Sec.  366.2 by 
April 14, 2017.

ADDRESSES: All background documents, comments, and materials related to 
this rule may be viewed in docket number FMCSA-1997-2349 using either 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616 
or via email at [email protected]. Office hours are from 8:00 a.m. 
to 4:30 p.m. ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Public Participation

Viewing Documents

    To view comments submitted to previous rulemaking documents on this 
subject, go to http://www.regulations.gov and click on the ``Read 
Comments'' box in the upper right hand side of the screen. Then, in the 
``Keyword'' box, insert ``FMCSA-1997-2349'' and click ``Search.'' Next, 
click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the 
``Title'' column, click on the document you would like to review. If 
you do not have access to the Internet, you may view the docket online 
by visiting the Docket Management Facility in Room W12-140 on the 
ground floor of the DOT West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through 
Friday, except Federal holidays.

Privacy Act

    All comments received were posted without change to http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT previously 
solicited comments from the public to better inform its rulemaking 
process. DOT posted these comments, without edit, including any 
personal information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy.

Corrections

    The FMCSA is correcting the effective and compliance dates for its 
August 23, 2013, Unified Registration System (URS) final rule, as 
revised on October 21, 2015, in order to delay implementation of the 
URS provisions. While the FMCSA had hoped to be able to reach full 
implementation by September 30, 2016, unforeseen delays and 
complications in the IT development process require that we push the 
full implementation back until January 14, 2017. These delays include 
added complexities due to an unrelated system migration to the cloud 
and also due to the logistics of transferring millions of records.
    In order to make this change, FMCSA must correct regulatory 
provisions that have not yet gone into effect, as well as several 
temporary sections that are in effect already. The method for making 
corrections differs depending upon whether or not the provision being 
corrected has gone into effect. First, under the heading ``Federal 
Register corrections,'' we provide the corrections for those provisions 
that are not yet in effect; these corrections will update the effective 
date for those provisions from September 30, 2016, to January 14, 2017. 
This will also update the compliance dates for certain provisions from 
December 31, 2016, to April 14, 2017.
    We are also making minor corrections to fix errors found in the 
final rule published on October 21, 2015. In Sec.  366.4, we are adding 
a sentence to clarify the requirements for motor carriers operating in 
Hawaii or Alaska, as these were inadvertently not covered in the 
original text. In Sec.  385.305, we are correcting the reference to the 
online registration form MCSA-1, which was published without the ``1'' 
after the hyphen. In Sec.  387.301, we are correcting the text in 
paragraph (a)(1) to clarify the financial responsibility requirements 
for school buses, including third parties providing school bus 
services. We have identified this as an area causing confusion, so a 
correction is needed.
    After those corrections, numbered 1 through 6, we present the 
corrections to those provisions that came into effect on December 12, 
2015. These corrections, which follow the ``CFR amendments'' heading, 
are presented as you would see amendatory instructions in any final 
rule. The result of these corrections will be to extend the effective 
dates of the temporary provisions in parts 365, 368, and 390 to January 
14, 2017.

Federal Register Corrections

    In FR Doc. 2015-26625 appearing on page 63695 in the Federal 
Register of Wednesday, October 21, 2015 (80 FR 63695), make the 
following corrections:
    1. Beginning on page 63702, in the first column, in amendatory 
instruction #1 and continuing through all of the amendatory 
instructions except for #5, #24, and #59, the date ``September 30, 
2016'' is corrected to read ``January 14, 2017''.
    2. On page 63706, in the first column, in Sec.  366.2, the date 
``December 31, 2016'' is corrected to read ``April 14, 2017''.
    3. On page 63706, in the first column, in Sec.  366.4(a), the text 
is corrected to read ``Every motor carrier, except a motor carrier 
operating exclusively in Alaska or Hawaii, must designate process 
agents for all 48 contiguous States and the District of Columbia, 
unless its operating authority registration is limited to fewer than 48 
States and DC. When a motor carrier's operating authority registration 
is limited to fewer than 48 States and DC, it must designate process 
agents for each State in which it is authorized to operate and for each 
State traversed during such operations. Every motor carrier operating 
in the United States in the course of transportation between points in 
a foreign country shall file a designation for each State traversed. 
Every motor carrier maintaining a principal place of business and 
operating exclusively in Alaska or Hawaii must designate a process 
agent for the State where operations are conducted.''
    4. On page 63707, in the second column, in Sec.  385.305(b)(2), the 
phrase ``Form MCSA-,'' is corrected to read ``Form MCSA-1,''.
    5. On page 63709, in the first column, in Sec.  387.19, the date 
``December 31, 2016'' is corrected to read ``April 14, 2017''.
    6. On page 63709, in the third column, in Sec.  387.301(a)(1), the 
text is corrected by adding the following sentence at the end of the 
paragraph: ``Passenger motor carriers exempt under Sec.  387.27 of this 
part are not subject to this limitation on transportation or required 
to file evidence of financial responsibility.''

CFR Amendments

List of Subjects

49 CFR Part 360

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Hazardous materials transportation, Highway safety, 
Insurance, Motor carriers, Motor vehicle safety, Moving of household 
goods, Penalties, Reporting and recordkeeping requirements, Surety 
bonds.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Motor carriers, Moving of household goods.

[[Page 49555]]

49 CFR Part 366

    Brokers, Motor carriers, Freight forwarders, Process agents.

49 CFR Part 368

    Administrative practice and procedure, Insurance, Motor carriers.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, 
Incorporation by reference, Mexico, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials 
transportation, Highway safety, Insurance, Intergovernmental relations, 
Motor carriers, Motor vehicle safety, Moving of household goods, 
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 392

    Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter 
III, subchapter B, parts 365, 368, and 390 are corrected by making the 
following correcting amendments:

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
1. The authority citation for part 365 continues to read as follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; 49 CFR 1.87.


0
2. Revise Sec.  365.T106(d) to read as follows:


Sec.  365.T106  Starting the application process: URS online 
application.

* * * * *
    (d) This section is in effect from December 12, 2015 through 
January 13, 2017.

PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE 
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO 
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH 
MUNICIPALITIES

0
3. The authority citation for part 368 continues to read as follows:

    Authority:  49 U.S.C. 13301 and 13902; Pub. L. 106-159, 113 
Stat. 1748; and 49 CFR 1.87.


0
4. Revise Sec.  368.T3(d) to read as follows:


Sec.  368.T3  Starting the application process: URS online application.

* * * * *
    (d) This section is in effect from December 12, 2015 through 
January 13, 2017.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
5. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677, 1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 
1726, 1743-44); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.


0
6. Revise Sec.  390.T200(a) and (d) to read as follows:


Sec.  390.T200  USDOT Registration.

    (a) Purpose. This section establishes who must register with FMCSA 
using the Form MCSA-1, the URS online application, beginning on 
December 12, 2015 and continuing through January 13, 2017.
* * * * *
    (d) Effective period. This section is in effect from December 12, 
2015, through January 13, 2017.

    Issued under authority delegated in 49 CFR 1.87 on: July 14, 
2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17461 Filed 7-27-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                              Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Rules and Regulations                                        49553

                                           chooses to follow, competitive bidding                      (2) If at the time of award the                    DEPARTMENT OF TRANSPORTATION
                                           requirements (See e.g., § 33.303). The                   budgeted funds for procurement exceed
                                           purpose of a bidders list is to provide                  $150,000, but actual expenditures fall                Federal Motor Carrier Safety
                                           the recipient and entities receiving                     below; or                                             Administration
                                           identified loans who conduct                                (3) If subsequent amendments and
                                           competitive bidding with as accurate a                                                                         49 CFR Parts 360, 365, 366, 368, 385,
                                                                                                    funding cause the total amount of                     387, 390 and 392
                                           database as possible about the universe
                                                                                                    procurement to surpass the $150,000
                                           of MBE/WBE and non-MBE/WBE prime                                                                               [Docket No. FMCSA–1997–2349]
                                           and subcontractors. The list must                        threshold.
                                           include all firms that bid or quote on                      (b) Those recipients exempted under                RIN 2126–AB85; Formerly 2126–AA22
                                           prime contracts, or bid or quote                         § 33.411 from the requirement to apply
                                           subcontracts on EPA assisted projects,                   the fair share objectives are required to             Unified Registration System;
                                           including both MBE/WBEs and non-                         report if one or more of the conditions               Correction
                                           MBE/WBEs. The bidders list must only                     stated above is met.                                  AGENCY:  Federal Motor Carrier Safety
                                           be kept until the assistance agreement                      (c) Recipients of financial assistance             Administration (FMCSA), DOT.
                                           project period has expired and the                       agreements that capitalize revolving                  ACTION: Final rule; correction.
                                           recipient is no longer receiving EPA                     loan programs must require entities
                                           funding under the assistance agreement.                                                                          FMCSA is correcting the
                                                                                                                                                          SUMMARY:
                                                                                                    receiving identified loans to submit
                                           For entities receiving identified loans,                                                             effective and compliance dates for its
                                                                                                    their MBE and WBE participation
                                           the bidders list must only be kept until                                                             August 23, 2013, Unified Registration
                                           the project period for the identified loan               reports on an annual basis, if one or
                                                                                                                                                System (URS) final rule, as revised on
                                           has ended. The following information                     more of the conditions stated above is      October 21, 2015. The 2013 URS final
                                           must be obtained from all prime and                      met. Reports should be submitted to the     rule was issued to improve the
                                           subcontractors:                                          financial assistance agreement recipient,   registration process for motor carriers,
                                                                                                    rather than to EPA.                         property brokers, freight forwarders,
                                           *      *     *     *    *
                                              (2) Entity’s telephone number and                        (d) Where reporting is required, all     Intermodal Equipment Providers (IEPs),
                                           email address;                                           procurement actions are reportable, not     hazardous materials safety permit
                                           *      *     *     *    *                                just that portion that exceeds $150,000.    (HMSP) applicants, and cargo tank
                                              (c) Exemptions. A recipient of an EPA                    (e) Reporting is not required if at the  facilities required to register with
                                           financial assistance agreement in the                    time of award, funds budgeted for           FMCSA, and streamline the existing
                                           amount of $250,000 or less for any                                                                   Federal registration processes to ensure
                                                                                                    procurements are less than or equal to
                                           single assistance agreement, or of more                                                              the Agency can more efficiently track
                                                                                                    $150,000 and are maintained below the
                                           than one financial assistance agreement                                                              these entities. The October 21, 2015
                                                                                                    threshold.                                  final rule made slight revisions to the
                                           with a combined total of $250,000 or
                                           less in any one fiscal year, is exempt                      (f) Reports are due by October 30th of   2013 rule and delayed the effective
                                           from the paragraph (b) of this section                   each fiscal year, or 30 days after the end  dates of that rule. This final rule
                                           requirement to create and maintain a                     of the project period, whichever comes      corrects the effective and compliance
                                           bidders list. Also, a recipient under the                first.                                      dates, revised in 2015, and corrects
                                           CWSRF, DWSRF, BCRLF, or other                                                                        regulatory provisions that have not yet
                                                                                                    ■ 35. Section 33.503 is amended by
                                           identified loan program, is not required                                                             gone into effect, as well as several
                                                                                                    revising paragraph (a) to read as follows: temporary sections that are in effect
                                           to apply the paragraph (b) of this section
                                           bidders list requirement of this subpart                 § 33.503 How does a recipient calculate     already, to allow FMCSA additional
                                           to an entity receiving an identified loan                MBE and WBE participation for reporting     time to complete the information
                                           in an amount of $250,000 or less, or to                  purposes?                                   technology (IT) systems work.
                                           an entity receiving more than one                                                                    DATES: Effective Dates: The effective of
                                                                                                       (a) General. Only certified MBEs and
                                           identified loan with a combined total of                                                             this rule is July 28, 2016.
                                                                                                    WBEs are to be counted towards MBE/
                                           $250,000 or less in any one fiscal year.                                                                The effective date of the rule
                                                                                                    WBE participation. Amounts of MBE
                                           This exemption is limited to the                                                                     published at 80 FR 63695 (October 21,
                                                                                                    and WBE participation are calculated as 2015), is delayed until January 14, 2017,
                                           paragraph (b) of this section bidders list
                                                                                                    a percentage of total financial assistance and §§ 365.T106, 368.T3, and 390.T200
                                           requirements of this subpart.
                                                                                                    agreement project procurement costs,        are effective until January 13, 2017.
                                           ■ 34. Section 33.502 is revised to read
                                                                                                    which include the match portion of the         The corrections to the rule published
                                           as follows:                                              project costs, if any. Recipients should    October 21, 2015 (80 FR 63695), are
                                           § 33.502 What are the reporting                          only report funds used for                  effective on January 14, 2017.
                                           requirements of this part?                               procurements. For recipients of                The effective date of the rule
                                             (a) Recipients are required to report                  financial assistance agreements that        published at 78 FR 52608 (August 23,
                                           MBE and WBE participation annually                       capitalize revolving loan programs, the     2013) is further delayed until January
                                           on EPA Form 5700–52A when one or                         total amount is the total procurement       14, 2017.
                                           more of the following conditions are                     dollars in the amount of identified loans      Compliance Dates: The compliance
                                           met.                                                     equal to the capitalization amount.         date for the rule published at 80 FR
                                             (1) There are funds budgeted for                       *      *     *      *      *                63695 (October 21, 2015), is delayed
                                           procurements, including funds                                                                        until January 14, 2017, and new
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                                           budgeted for direct procurement by the                   Appendix A to Part 33 [Removed]             applicants must comply with
                                           recipient or procurement under sub-                         ■ 36. Appendix A to part 33 is removed. §§ 365.T106, 368.T3 or 390.T200 (as
                                           awards or loans in the ‘‘Other’’                         [FR Doc. 2016–17510 Filed 7–27–16; 8:45 am] applicable) until January 13, 2017;
                                           procurement category that exceed the                                                                 private hazardous material carriers and
                                                                                                    BILLING CODE 6560–50–P
                                           simplified acquisition threshold amount                                                              exempt for-hire carriers must comply
                                           of $150,000;                                                                                         with § 387.19 or § 387.43 (as applicable)


                                      VerDate Sep<11>2014   17:50 Jul 27, 2016   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM   28JYR1


                                           49554              Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Rules and Regulations

                                           by April 14, 2017; and all entities must                 of the URS provisions. While the                      #24, and #59, the date ‘‘September 30,
                                           comply with § 366.2 by April 14, 2017.                   FMCSA had hoped to be able to reach                   2016’’ is corrected to read ‘‘January 14,
                                           ADDRESSES: All background documents,                     full implementation by September 30,                  2017’’.
                                           comments, and materials related to this                  2016, unforeseen delays and                              2. On page 63706, in the first column,
                                           rule may be viewed in docket number                      complications in the IT development                   in § 366.2, the date ‘‘December 31,
                                           FMCSA–1997–2349 using either of the                      process require that we push the full                 2016’’ is corrected to read ‘‘April 14,
                                           following methods:                                       implementation back until January 14,                 2017’’.
                                             • Federal eRulemaking Portal: http://                  2017. These delays include added                         3. On page 63706, in the first column,
                                           www.regulations.gov.                                     complexities due to an unrelated system               in § 366.4(a), the text is corrected to read
                                             • Docket Management Facility (M–                       migration to the cloud and also due to                ‘‘Every motor carrier, except a motor
                                           30), U.S. Department of Transportation,                  the logistics of transferring millions of             carrier operating exclusively in Alaska
                                           West Building Ground Floor, Room                         records.                                              or Hawaii, must designate process
                                           W12–140, 1200 New Jersey Avenue SE.,                        In order to make this change, FMCSA                agents for all 48 contiguous States and
                                           Washington, DC 20590–0001.                               must correct regulatory provisions that               the District of Columbia, unless its
                                           FOR FURTHER INFORMATION CONTACT: Mr.                     have not yet gone into effect, as well as             operating authority registration is
                                           Kenneth Riddle, 1200 New Jersey                          several temporary sections that are in                limited to fewer than 48 States and DC.
                                           Avenue SE., Washington, DC 20590–                        effect already. The method for making                 When a motor carrier’s operating
                                           0001, by telephone at (202) 366–9616 or                  corrections differs depending upon                    authority registration is limited to fewer
                                           via email at kenneth.riddle@dot.gov.                     whether or not the provision being                    than 48 States and DC, it must designate
                                           Office hours are from 8:00 a.m. to 4:30                  corrected has gone into effect. First,                process agents for each State in which
                                           p.m. ET, Monday through Friday, except                   under the heading ‘‘Federal Register                  it is authorized to operate and for each
                                           Federal holidays.                                        corrections,’’ we provide the corrections             State traversed during such operations.
                                                                                                    for those provisions that are not yet in              Every motor carrier operating in the
                                           SUPPLEMENTARY INFORMATION:
                                                                                                    effect; these corrections will update the             United States in the course of
                                           Public Participation                                     effective date for those provisions from              transportation between points in a
                                                                                                    September 30, 2016, to January 14,                    foreign country shall file a designation
                                           Viewing Documents
                                                                                                    2017. This will also update the                       for each State traversed. Every motor
                                              To view comments submitted to                         compliance dates for certain provisions
                                           previous rulemaking documents on this                                                                          carrier maintaining a principal place of
                                                                                                    from December 31, 2016, to April 14,
                                           subject, go to http://                                                                                         business and operating exclusively in
                                                                                                    2017.
                                           www.regulations.gov and click on the                        We are also making minor corrections               Alaska or Hawaii must designate a
                                           ‘‘Read Comments’’ box in the upper                       to fix errors found in the final rule                 process agent for the State where
                                           right hand side of the screen. Then, in                  published on October 21, 2015. In                     operations are conducted.’’
                                           the ‘‘Keyword’’ box, insert ‘‘FMCSA–                     § 366.4, we are adding a sentence to                     4. On page 63707, in the second
                                           1997–2349’’ and click ‘‘Search.’’ Next,                  clarify the requirements for motor                    column, in § 385.305(b)(2), the phrase
                                           click ‘‘Open Docket Folder’’ in the                      carriers operating in Hawaii or Alaska,               ‘‘Form MCSA–,’’ is corrected to read
                                           ‘‘Actions’’ column. Finally, in the                      as these were inadvertently not covered               ‘‘Form MCSA–1,’’.
                                           ‘‘Title’’ column, click on the document                  in the original text. In § 385.305, we are               5. On page 63709, in the first column,
                                           you would like to review. If you do not                  correcting the reference to the online                in § 387.19, the date ‘‘December 31,
                                           have access to the Internet, you may                     registration form MCSA–1, which was                   2016’’ is corrected to read ‘‘April 14,
                                           view the docket online by visiting the                   published without the ‘‘1’’ after the                 2017’’.
                                           Docket Management Facility in Room                       hyphen. In § 387.301, we are correcting                  6. On page 63709, in the third
                                           W12–140 on the ground floor of the                       the text in paragraph (a)(1) to clarify the           column, in § 387.301(a)(1), the text is
                                           DOT West Building, 1200 New Jersey                       financial responsibility requirements for             corrected by adding the following
                                           Avenue SE., Washington, DC 20590,                        school buses, including third parties                 sentence at the end of the paragraph:
                                           between 9 a.m. and 5 p.m., ET, Monday                    providing school bus services. We have                ‘‘Passenger motor carriers exempt under
                                           through Friday, except Federal holidays.                 identified this as an area causing                    § 387.27 of this part are not subject to
                                                                                                    confusion, so a correction is needed.                 this limitation on transportation or
                                           Privacy Act                                                 After those corrections, numbered 1                required to file evidence of financial
                                             All comments received were posted                      through 6, we present the corrections to              responsibility.’’
                                           without change to http://                                those provisions that came into effect on             CFR Amendments
                                           www.regulations.gov. In accordance                       December 12, 2015. These corrections,
                                           with 5 U.S.C. 553(c), DOT previously                     which follow the ‘‘CFR amendments’’                   List of Subjects
                                           solicited comments from the public to                    heading, are presented as you would see               49 CFR Part 360
                                           better inform its rulemaking process.                    amendatory instructions in any final
                                           DOT posted these comments, without                       rule. The result of these corrections will               Administrative practice and
                                           edit, including any personal information                 be to extend the effective dates of the               procedure, Brokers, Buses, Freight
                                           the commenter provides, to                               temporary provisions in parts 365, 368,               forwarders, Hazardous materials
                                           www.regulations.gov, as described in                     and 390 to January 14, 2017.                          transportation, Highway safety,
                                           the system of records notice (DOT/ALL–                                                                         Insurance, Motor carriers, Motor vehicle
                                           14 FDMS), which can be reviewed at                       Federal Register Corrections                          safety, Moving of household goods,
                                           www.dot.gov/privacy.                                        In FR Doc. 2015–26625 appearing on                 Penalties, Reporting and recordkeeping
                                                                                                    page 63695 in the Federal Register of                 requirements, Surety bonds.
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                                           Corrections                                              Wednesday, October 21, 2015 (80 FR
                                                                                                                                                          49 CFR Part 365
                                              The FMCSA is correcting the effective                 63695), make the following corrections:
                                           and compliance dates for its August 23,                     1. Beginning on page 63702, in the                   Administrative practice and
                                           2013, Unified Registration System (URS)                  first column, in amendatory instruction               procedure, Brokers, Buses, Freight
                                           final rule, as revised on October 21,                    #1 and continuing through all of the                  forwarders, Motor carriers, Moving of
                                           2015, in order to delay implementation                   amendatory instructions except for #5,                household goods.


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                                                              Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Rules and Regulations                                               49555

                                           49 CFR Part 366                                          PART 365—RULES GOVERNING                              PART 390—FEDERAL MOTOR
                                                                                                    APPLICATIONS FOR OPERATING                            CARRIER SAFETY REGULATIONS;
                                             Brokers, Motor carriers, Freight
                                                                                                    AUTHORITY                                             GENERAL
                                           forwarders, Process agents.
                                           49 CFR Part 368                                          ■ 1. The authority citation for part 365
                                                                                                                                                          ■ 5. The authority citation for part 390
                                                                                                    continues to read as follows:
                                             Administrative practice and                                                                                  continues to read as follows:
                                                                                                      Authority: 5 U.S.C. 553 and 559; 49 U.S.C.
                                           procedure, Insurance, Motor carriers.                    13101, 13301, 13901–13906, 14708, 31138,                Authority: 49 U.S.C. 504, 508, 31132,
                                                                                                    and 31144; 49 CFR 1.87.                               31133, 31134, 31136, 31137, 31144, 31151,
                                           49 CFR Part 385
                                                                                                                                                          31502; sec. 114, Pub. L. 103–311, 108 Stat.
                                                                                                    ■ 2. Revise § 365.T106(d) to read as
                                             Administrative practice and                                                                                  1673, 1677, 1678; sec. 212, 217, Pub. L. 106–
                                                                                                    follows:
                                           procedure, Highway safety,                                                                                     159, 113 Stat. 1748, 1766, 1767; sec. 229,
                                           Incorporation by reference, Mexico,                      § 365.T106 Starting the application                   Pub. L. 106–159 (as transferred by sec. 4115
                                           Motor carriers, Motor vehicle safety,                    process: URS online application.                      and amended by secs. 4130–4132, Pub. L.
                                           Reporting and recordkeeping                              *     *    *     *      *                             109–59, 119 Stat. 1144, 1726, 1743–44); sec.
                                           requirements.                                              (d) This section is in effect from                  4136, Pub. L. 109–59, 119 Stat. 1144, 1745;
                                                                                                    December 12, 2015 through January 13,                 sections 32101(d) and 32934, Pub. L. 112–
                                           49 CFR Part 387                                                                                                141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
                                                                                                    2017.
                                             Buses, Freight, Freight forwarders,                                                                          113–125, 128 Stat. 1388; and 49 CFR 1.87.
                                           Hazardous materials transportation,                      PART 368—APPLICATION FOR A
                                                                                                    CERTIFICATE OF REGISTRATION TO                        ■ 6. Revise § 390.T200(a) and (d) to read
                                           Highway safety, Insurance,
                                                                                                    OPERATE IN MUNICIPALITIES IN THE                      as follows:
                                           Intergovernmental relations, Motor
                                           carriers, Motor vehicle safety, Moving of                UNITED STATES ON THE UNITED                           § 390.T200       USDOT Registration.
                                           household goods, Penalties, Reporting                    STATES-MEXICO INTERNATIONAL
                                           and recordkeeping requirements, Surety                   BORDER OR WITHIN THE                                    (a) Purpose. This section establishes
                                           bonds.                                                   COMMERCIAL ZONES OF SUCH                              who must register with FMCSA using
                                                                                                    MUNICIPALITIES                                        the Form MCSA–1, the URS online
                                           49 CFR Part 390                                                                                                application, beginning on December 12,
                                                                                                    ■ 3. The authority citation for part 368              2015 and continuing through January
                                              Highway safety, Intermodal                            continues to read as follows:
                                           transportation, Motor carriers, Motor                                                                          13, 2017.
                                           vehicle safety, Reporting and                              Authority: 49 U.S.C. 13301 and 13902;               *      *     *    *     *
                                           recordkeeping requirements.                              Pub. L. 106–159, 113 Stat. 1748; and 49 CFR
                                                                                                    1.87.                                                    (d) Effective period. This section is in
                                           49 CFR Part 392                                          ■ 4. Revise § 368.T3(d) to read as                    effect from December 12, 2015, through
                                                                                                    follows:                                              January 13, 2017.
                                             Alcohol abuse, Drug abuse, Highway
                                           safety, Motor carriers.                                                                                          Issued under authority delegated in 49 CFR
                                                                                                    § 368.T3 Starting the application process:            1.87 on: July 14, 2016.
                                             In consideration of the foregoing,                     URS online application.
                                                                                                                                                          T.F. Scott Darling, III,
                                           FMCSA is amending 49 CFR chapter III,                    *     *    *     *      *
                                           subchapter B, parts 365, 368, and 390                      (d) This section is in effect from                  Acting Administrator.
                                           are corrected by making the following                    December 12, 2015 through January 13,                 [FR Doc. 2016–17461 Filed 7–27–16; 8:45 am]
                                           correcting amendments:                                   2017.                                                 BILLING CODE 4910–EX–P
Lhorne on DSK30JT082PROD with RULES




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Document Created: 2016-07-28 01:47:49
Document Modified: 2016-07-28 01:47:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
ContactMr. Kenneth Riddle, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616 or via email at [email protected] Office hours are from 8:00 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays.
FR Citation81 FR 49553 
RIN Number2126-AB85 and 2126-AA22
CFR Citation49 CFR 360
49 CFR 365
49 CFR 366
49 CFR 368
49 CFR 385
49 CFR 387
49 CFR 390
49 CFR 392
CFR AssociatedAdministrative Practice and Procedure; Brokers; Buses; Freight Forwarders; Hazardous Materials Transportation; Highway Safety; Insurance; Motor Carriers; Motor Vehicle Safety; Moving of Household Goods; Penalties; Reporting and Recordkeeping Requirements; Surety Bonds; Process Agents; Incorporation by Reference; Mexico; Freight; Intergovernmental Relations; Intermodal Transportation; Alcohol Abuse and Drug Abuse

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