82_FR_27881 82 FR 27766 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

82 FR 27766 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range27766-27767
FR Document2017-12086

FMCSA extends by one year the compliance date of the regulations established in the final rule on lease and interchange of passenger-carrying commercial motor vehicles (CMVs) published on May 27, 2015, and effective on July 27, 2015. The new compliance date is January 1, 2019. The Agency received numerous petitions for reconsideration of the final rule and extended the original January 1, 2017, compliance date to January 1, 2018, to provide time to address the issues raised by the petitioners. As a result of a public meeting with representatives of the passenger carrier industry in October 2016 and further analysis of the petitions for reconsideration, the Agency is extending the compliance date by an additional twelve months to allow time to revise the regulations, while ensuring that carriers have ample time to adjust to the requirements of the revisions. This decision is explained in more detail in a notice of intent published elsewhere in this issue of the Federal Register.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27766-27767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12086]



[[Page 27765]]

Vol. 82

Friday,

No. 115

June 16, 2017

Part II





Department of Transportation





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Federal Motor Carrier Safety Administration





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49 CFR Part 390





Lease and Interchange of Vehicles; Motor Carriers of Passengers; Final 
Rule and Proposed Rule

Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules 
and Regulations

[[Page 27766]]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC04


Lease and Interchange of Vehicles; Motor Carriers of Passengers

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

ACTION: Final rule; extension of compliance date.

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SUMMARY: FMCSA extends by one year the compliance date of the 
regulations established in the final rule on lease and interchange of 
passenger-carrying commercial motor vehicles (CMVs) published on May 
27, 2015, and effective on July 27, 2015. The new compliance date is 
January 1, 2019. The Agency received numerous petitions for 
reconsideration of the final rule and extended the original January 1, 
2017, compliance date to January 1, 2018, to provide time to address 
the issues raised by the petitioners. As a result of a public meeting 
with representatives of the passenger carrier industry in October 2016 
and further analysis of the petitions for reconsideration, the Agency 
is extending the compliance date by an additional twelve months to 
allow time to revise the regulations, while ensuring that carriers have 
ample time to adjust to the requirements of the revisions. This 
decision is explained in more detail in a notice of intent published 
elsewhere in this issue of the Federal Register.

DATES: 
    Effective date: June 16, 2017 until January 1, 2019.
    Compliance date: The compliance date for the requirements in 
subpart F to 49 CFR part 390 (Sec. Sec.  390.301, 390.303, and 390.305) 
is extended until January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, (202) 366-2400, 
loretta.bitner@dot.gov, Office of Enforcement and Compliance. FMCSA 
office hours are from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 27, 2015, FMCSA published a final rule entitled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers'' (80 FR 30164), 
and effective on July 27, 2015. The American Bus Association (ABA) and 
the United Motorcoach Association (UMA) filed a joint request to extend 
the 30-day deadline to submit petitions for reconsideration. On July 1, 
2015, the Agency published a document extending that deadline until 
August 25, 2015 (80 FR 37553). The Agency received 37 petitions for 
reconsideration, which are filed in the public docket referenced above. 
After the initial review of these submissions, FMCSA held a public 
meeting on October 28, 2015, with a cross section of the petitioners to 
discuss their concerns and to gather additional details about their 
specific operations. Attending were representatives of small and large 
bus companies and charter and regular-route operators from across the 
nation. Two insurance company representatives were also invited and 
attended because of liability concerns raised in the petitions for 
reconsideration. Based on these discussions, and after further 
analysis, FMCSA concluded that some aspects of the petitions for 
reconsideration have merit. The Agency, therefore, extended the 
compliance date to January 1, 2018, to allay stakeholder concerns that 
there would not be sufficient time to adjust passenger carrier 
operations before compliance with the regulations was required (81 FR 
13998; March 16, 2016). After further review of the petitions, the 
Agency announced on August 31, 2016, that it intended to consider 
changes to four aspects of the regulations, but it also denied requests 
to reconsider other issues raised by petitioners of the rule (81 FR 
59951). The August 31 document announced that a public roundtable would 
be held to discuss the four issues that could be addressed by 
rulemaking. The roundtable was held on October 31, 2016. FMCSA has also 
published a document elsewhere in this issue of the Federal Register 
announcing its intent to revise the regulations established by the 2015 
final rule. In order to allow time for completion of those revisions, 
while giving motor carriers sufficient time to comply with the revised 
requirements, the Agency is extending the compliance date by one year, 
to January 1, 2019. The temporary section added to subpart F of 49 CFR 
part 390 when the previous extension of the compliance date was issued, 
is being updated to include the new compliance date. The temporary 
section continues to be in effect only from June 16, 2017 through 
January 1, 2019.

II. Regulatory Analyses

A. Regulatory Planning and Review

    FMCSA has determined that this action is a non-significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT 
regulatory policies and procedures (44 FR 1103, February 26, 1979). The 
final rule issued in May, 2015, was non-significant; this postponement 
of the compliance date does not change that designation. This rule has 
not been reviewed formally by the Office of Management and Budget 
(OMB).

B. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (RFA), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act 
of 2010 (Pub. L. 111-240, September 27, 2010), requires FMCSA to 
perform a detailed analysis of the potential impact of the final rule 
on small entities. Accordingly, DOT policy requires that agencies shall 
strive to lessen any adverse effects on these businesses and other 
entities. The Final Regulatory Flexibility Analysis conducted as part 
of the May 27, 2015, final rule continues to be applicable to this 
final rule.
Assistance for Small Entities
    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this rule so that they can better evaluate its effects 
on themselves. If the rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult the 
FMCSA point of contact, Loretta G. Bitner, listed in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA's Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-
734-3247). DOT has a policy ensuring the rights of small entities to 
regulatory enforcement fairness and an explicit policy against 
retaliation for exercising these rights.

C. Federalism (Executive Order 13132)

    A rule has federalism implications if it has a substantial direct 
effect on State

[[Page 27767]]

or local governments and would either preempt State law or impose a 
substantial direct cost of compliance on the States. FMCSA analyzed 
this rule under E.O. 13132 and has determined that it has no federalism 
implications.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector, of $156 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2015 levels) or more in any one year.

E. Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

F. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. The 
Agency has determined that this rule does not create an environmental 
risk to health or safety that would disproportionately affect children.

G. Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it would not effect a 
taking of private property or otherwise have taking implications.

H. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This final rule does not require the 
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program. FMCSA 
has determined this final rule does not result in a new or revised 
Privacy Act System of Records for FMCSA.

I. Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

J. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. On August 5, 2015, OMB approved the May 27, 2015, final 
rule's two information collections titled ``Commercial Motor Vehicle 
Marking Requirements,'' OMB No. 2126-0054, and ``Lease and Interchange 
of Motor Vehicles,'' OMB No. 2126-0056. OMB has set the dates for both 
of these information collections to expire on August 31, 2018. FMCSA 
will request extensions of those information collections as a result of 
this extension of the compliance date.

K. National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this final rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004, in the Federal Register (69 FR 9680), that 
this action is categorically excluded from further environmental 
documentation under Appendix 2, Paragraphs y (2) and y (7) of the Order 
(69 FR 9702). These categorical exclusions relate to:
     y (2) Regulations implementing motor carrier 
identification and registration reports; and
     y (7) Regulations implementing prohibitions on motor 
carriers, agents, officers, representatives, and employees from making 
fraudulent or intentionally false statements on any application, 
certificate, report, or record required by FMCSA.
    Thus, the final action will not require an environmental assessment 
or an environmental impact statement.
    FMCSA also analyzed this final rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.

L. Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it is 
not economically significant and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 390

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

The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part 
390 as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
1. The authority citation for part 390 is amended 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, 1743-1744); 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
2. Effective June 16, 2017 until January 1, 2019, revise Sec.  390.300T 
to read as follows:


Sec.  390.300T   Compliance date.

    Motor carriers of passengers operating CMVs under a lease or 
interchange agreement are subject to Sec. Sec.  390.301, 390.303, and 
390.305 of this subpart on January 1, 2019.

    Issued under the authority delegated in 49 CFR 1.87 on: May 17, 
2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-12086 Filed 6-15-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                               27766                Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations

                                               DEPARTMENT OF TRANSPORTATION                            the United Motorcoach Association                      action under Executive Order 12866, as
                                                                                                       (UMA) filed a joint request to extend the              supplemented by Executive Order
                                               Federal Motor Carrier Safety                            30-day deadline to submit petitions for                13563 (76 FR 3821, January 18, 2011),
                                               Administration                                          reconsideration. On July 1, 2015, the                  and DOT regulatory policies and
                                                                                                       Agency published a document                            procedures (44 FR 1103, February 26,
                                               49 CFR Part 390                                         extending that deadline until August 25,               1979). The final rule issued in May,
                                               [Docket No. FMCSA–2012–0103]
                                                                                                       2015 (80 FR 37553). The Agency                         2015, was non-significant; this
                                                                                                       received 37 petitions for                              postponement of the compliance date
                                               RIN 2126–AC04                                           reconsideration, which are filed in the                does not change that designation. This
                                                                                                       public docket referenced above. After                  rule has not been reviewed formally by
                                               Lease and Interchange of Vehicles;                      the initial review of these submissions,               the Office of Management and Budget
                                               Motor Carriers of Passengers                            FMCSA held a public meeting on                         (OMB).
                                               AGENCY:  Federal Motor Carrier Safety                   October 28, 2015, with a cross section                 B. Regulatory Flexibility Act
                                               Administration (FMCSA), DOT.                            of the petitioners to discuss their
                                                                                                       concerns and to gather additional                        Section 603 of the Regulatory
                                               ACTION: Final rule; extension of
                                                                                                       details about their specific operations.               Flexibility Act (RFA), as amended by
                                               compliance date.                                                                                               the Small Business Regulatory
                                                                                                       Attending were representatives of small
                                               SUMMARY:    FMCSA extends by one year                   and large bus companies and charter                    Enforcement Fairness Act of 1996 (Pub.
                                               the compliance date of the regulations                  and regular-route operators from across                L. 104–121, 110 Stat. 857, March 29,
                                               established in the final rule on lease and              the nation. Two insurance company                      1996) and the Small Business Jobs Act
                                               interchange of passenger-carrying                       representatives were also invited and                  of 2010 (Pub. L. 111–240, September 27,
                                               commercial motor vehicles (CMVs)                        attended because of liability concerns                 2010), requires FMCSA to perform a
                                               published on May 27, 2015, and                          raised in the petitions for                            detailed analysis of the potential impact
                                               effective on July 27, 2015. The new                     reconsideration. Based on these                        of the final rule on small entities.
                                               compliance date is January 1, 2019. The                 discussions, and after further analysis,               Accordingly, DOT policy requires that
                                               Agency received numerous petitions for                  FMCSA concluded that some aspects of                   agencies shall strive to lessen any
                                               reconsideration of the final rule and                   the petitions for reconsideration have                 adverse effects on these businesses and
                                               extended the original January 1, 2017,                  merit. The Agency, therefore, extended                 other entities. The Final Regulatory
                                               compliance date to January 1, 2018, to                  the compliance date to January 1, 2018,                Flexibility Analysis conducted as part of
                                               provide time to address the issues raised               to allay stakeholder concerns that there               the May 27, 2015, final rule continues
                                               by the petitioners. As a result of a public             would not be sufficient time to adjust                 to be applicable to this final rule.
                                               meeting with representatives of the                     passenger carrier operations before                    Assistance for Small Entities
                                               passenger carrier industry in October                   compliance with the regulations was
                                                                                                       required (81 FR 13998; March 16, 2016).                   In accordance with section 213(a) of
                                               2016 and further analysis of the
                                                                                                       After further review of the petitions, the             the Small Business Regulatory
                                               petitions for reconsideration, the
                                                                                                       Agency announced on August 31, 2016,                   Enforcement Fairness Act of 1996,
                                               Agency is extending the compliance
                                                                                                       that it intended to consider changes to                FMCSA wants to assist small entities in
                                               date by an additional twelve months to
                                                                                                       four aspects of the regulations, but it                understanding this rule so that they can
                                               allow time to revise the regulations,
                                                                                                       also denied requests to reconsider other               better evaluate its effects on themselves.
                                               while ensuring that carriers have ample
                                                                                                       issues raised by petitioners of the rule               If the rule would affect your small
                                               time to adjust to the requirements of the
                                                                                                       (81 FR 59951). The August 31 document                  business, organization, or governmental
                                               revisions. This decision is explained in
                                                                                                       announced that a public roundtable                     jurisdiction and you have questions
                                               more detail in a notice of intent
                                                                                                       would be held to discuss the four issues               concerning its provisions or options for
                                               published elsewhere in this issue of the
                                                                                                       that could be addressed by rulemaking.                 compliance, please consult the FMCSA
                                               Federal Register.
                                                                                                       The roundtable was held on October 31,                 point of contact, Loretta G. Bitner, listed
                                               DATES:                                                                                                         in the FOR FURTHER INFORMATION
                                                  Effective date: June 16, 2017 until                  2016. FMCSA has also published a
                                                                                                                                                              CONTACT section of this rule.
                                               January 1, 2019.                                        document elsewhere in this issue of the
                                                                                                                                                                 Small businesses may send comments
                                                  Compliance date: The compliance                      Federal Register announcing its intent
                                                                                                                                                              on the actions of Federal employees
                                               date for the requirements in subpart F                  to revise the regulations established by
                                                                                                                                                              who enforce or otherwise determine
                                               to 49 CFR part 390 (§§ 390.301, 390.303,                the 2015 final rule. In order to allow
                                                                                                                                                              compliance with Federal regulations to
                                               and 390.305) is extended until January                  time for completion of those revisions,
                                                                                                                                                              the SBA’s Small Business and
                                               1, 2019.                                                while giving motor carriers sufficient
                                                                                                                                                              Agriculture Regulatory Enforcement
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    time to comply with the revised
                                                                                                                                                              Ombudsman and the Regional Small
                                               Loretta G. Bitner, (202) 366–2400,                      requirements, the Agency is extending
                                                                                                                                                              Business Regulatory Fairness Boards.
                                               loretta.bitner@dot.gov, Office of                       the compliance date by one year, to
                                                                                                                                                              The Ombudsman evaluates these
                                               Enforcement and Compliance. FMCSA                       January 1, 2019. The temporary section
                                                                                                                                                              actions annually and rates each agency’s
                                               office hours are from 9 a.m. to 5 p.m.,                 added to subpart F of 49 CFR part 390
                                                                                                                                                              responsiveness to small business. If you
                                               Monday through Friday, except Federal                   when the previous extension of the
                                                                                                                                                              wish to comment on actions by
                                               holidays.                                               compliance date was issued, is being
                                                                                                                                                              employees of FMCSA, call 1–888–REG–
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       updated to include the new compliance
                                                                                                                                                              FAIR (1–888–734–3247). DOT has a
                                                                                                       date. The temporary section continues
                                                                                                                                                              policy ensuring the rights of small
sradovich on DSK3GMQ082PROD with RULES2




                                               I. Background                                           to be in effect only from June 16, 2017
                                                                                                                                                              entities to regulatory enforcement
                                                  On May 27, 2015, FMCSA published                     through January 1, 2019.
                                                                                                                                                              fairness and an explicit policy against
                                               a final rule entitled ‘‘Lease and                       II. Regulatory Analyses                                retaliation for exercising these rights.
                                               Interchange of Vehicles; Motor Carriers
                                               of Passengers’’ (80 FR 30164), and                      A. Regulatory Planning and Review                      C. Federalism (Executive Order 13132)
                                               effective on July 27, 2015. The                           FMCSA has determined that this                          A rule has federalism implications if
                                               American Bus Association (ABA) and                      action is a non-significant regulatory                 it has a substantial direct effect on State


                                          VerDate Sep<11>2014   17:21 Jun 15, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4700   E:\FR\FM\16JNR2.SGM   16JNR2


                                                                    Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations                                               27767

                                               or local governments and would either                   from a Federal agency for use in a                     Protection Agency. Approval of this
                                               preempt State law or impose a                           matching program. FMCSA has                            action is exempt from the CAA’s general
                                               substantial direct cost of compliance on                determined this final rule does not                    conformity requirement since it does
                                               the States. FMCSA analyzed this rule                    result in a new or revised Privacy Act                 not affect direct or indirect emissions of
                                               under E.O. 13132 and has determined                     System of Records for FMCSA.                           criteria pollutants.
                                               that it has no federalism implications.
                                                                                                       I. Executive Order 12372                               L. Executive Order 13211 (Energy
                                               D. Unfunded Mandates Reform Act of                      (Intergovernmental Review)                             Effects)
                                               1995                                                       The regulations implementing                          FMCSA has analyzed this rule under
                                                 The Unfunded Mandates Reform Act                      Executive Order 12372 regarding                        Executive Order 13211, Actions
                                               of 1995 (2 U.S.C. 1531–1538) requires                   intergovernmental consultation on                      Concerning Regulations That
                                               Federal agencies to assess the effects of               Federal programs and activities do not                 Significantly Affect Energy Supply,
                                               their discretionary regulatory actions. In              apply to this program.                                 Distribution, or Use. The Agency has
                                               particular, the Act addresses actions                                                                          determined that it is not a ‘‘significant
                                                                                                       J. Paperwork Reduction Act
                                               that may result in the expenditure by a                                                                        energy action’’ under that Executive
                                               State, local, or tribal government, in the                 Under the Paperwork Reduction Act
                                                                                                       of 1995 (PRA) (44 U.S.C. 3501 et seq.),                Order because it is not economically
                                               aggregate, or by the private sector, of                                                                        significant and is not likely to have a
                                               $156 million (which is the value                        Federal agencies must obtain approval
                                                                                                       from the OMB for each collection of                    significant adverse effect on the supply,
                                               equivalent of $100,000,000 in 1995,                                                                            distribution, or use of energy.
                                               adjusted for inflation to 2015 levels) or               information they conduct, sponsor, or
                                               more in any one year.                                   require through regulations. On August                 List of Subjects in 49 CFR Part 390
                                                                                                       5, 2015, OMB approved the May 27,
                                               E. Executive Order 12988 (Civil Justice                 2015, final rule’s two information                        Highway safety, Intermodal
                                               Reform)                                                 collections titled ‘‘Commercial Motor                  transportation, Motor carriers, Motor
                                                  This final rule meets applicable                     Vehicle Marking Requirements,’’ OMB                    vehicle safety, Reporting and
                                               standards in sections 3(a) and 3(b)(2) of               No. 2126–0054, and ‘‘Lease and                         recordkeeping requirements.
                                               Executive Order 12988, Civil Justice                    Interchange of Motor Vehicles,’’ OMB                   The Final Rule
                                               Reform, to minimize litigation,                         No. 2126–0056. OMB has set the dates
                                               eliminate ambiguity, and reduce                         for both of these information collections                For the reasons stated in the
                                               burden.                                                 to expire on August 31, 2018. FMCSA                    preamble, FMCSA amends 49 CFR part
                                                                                                       will request extensions of those                       390 as follows:
                                               F. Executive Order 13045 (Protection of                 information collections as a result of
                                               Children)                                               this extension of the compliance date.                 PART 390—FEDERAL MOTOR
                                                 FMCSA analyzed this action under                                                                             CARRIER SAFETY REGULATIONS;
                                                                                                       K. National Environmental Policy Act                   GENERAL
                                               Executive Order 13045, Protection of
                                                                                                       and Clean Air Act
                                               Children from Environmental Health
                                               Risks and Safety Risks. The Agency has                     FMCSA analyzed this final rule in                   ■  1. The authority citation for part 390
                                               determined that this rule does not create               accordance with the National                           is amended to read as follows:
                                               an environmental risk to health or safety               Environmental Policy Act of 1969
                                                                                                                                                                Authority: 49 U.S.C. 504, 508, 31132,
                                               that would disproportionately affect                    (NEPA) (42 U.S.C. 4321 et seq.). The                   31133, 31134, 31136, 31137, 31144, 31151,
                                               children.                                               Agency has determined under its                        31502; sec. 114, Pub. L. 103–311, 108 Stat.
                                                                                                       environmental procedures Order 5610.1,                 1673, 1677–1678; sec. 212, 217, Pub. L. 106–
                                               G. Executive Order 12630 (Taking of                     published March 1, 2004, in the Federal                159, 113 Stat. 1748, 1766, 1767; sec. 229,
                                               Private Property)                                       Register (69 FR 9680), that this action is             Pub. L. 106–159 (as transferred by sec. 4115
                                                  FMCSA reviewed this final rule in                    categorically excluded from further                    and amended by secs. 4130–4132, Pub. L.
                                               accordance with Executive Order 12630,                  environmental documentation under                      109–59, 119 Stat. 1144, 1726, 1743–1744);
                                               Governmental Actions and Interference                   Appendix 2, Paragraphs y (2) and y (7)                 sec. 4136, Pub. L. 109–59, 119 Stat. 1144,
                                               with Constitutionally Protected Property                                                                       1745; sections 32101(d) and 32934, Pub. L.
                                                                                                       of the Order (69 FR 9702). These
                                                                                                                                                              112–141, 126 Stat. 405, 778, 830; sec. 2, Pub.
                                               Rights, and has determined it would not                 categorical exclusions relate to:                      L. 113–125, 128 Stat. 1388; and 49 CFR 1.87.
                                               effect a taking of private property or                     • y (2) Regulations implementing
                                               otherwise have taking implications.                     motor carrier identification and                       ■ 2. Effective June 16, 2017 until
                                                                                                       registration reports; and                              January 1, 2019, revise § 390.300T to
                                               H. Privacy Impact Assessment                               • y (7) Regulations implementing                    read as follows:
                                                 Section 522 of title I of division H of               prohibitions on motor carriers, agents,
                                               the Consolidated Appropriations Act,                    officers, representatives, and employees               § 390.300T   Compliance date.
                                               2005, enacted December 8, 2004 (Pub. L.                 from making fraudulent or intentionally                  Motor carriers of passengers operating
                                               108–447, 118 Stat. 2809, 3268, 5 U.S.C.                 false statements on any application,                   CMVs under a lease or interchange
                                               552a note), requires the Agency to                      certificate, report, or record required by             agreement are subject to §§ 390.301,
                                               conduct a privacy impact assessment                     FMCSA.                                                 390.303, and 390.305 of this subpart on
                                               (PIA) of a regulation that will affect the                 Thus, the final action will not require             January 1, 2019.
                                               privacy of individuals. This final rule                 an environmental assessment or an
                                               does not require the collection of any                  environmental impact statement.                          Issued under the authority delegated in 49
                                                                                                                                                              CFR 1.87 on: May 17, 2017.
sradovich on DSK3GMQ082PROD with RULES2




                                               personally identifiable information.                       FMCSA also analyzed this final rule
                                                 The Privacy Act (5 U.S.C. 552a)                       under the Clean Air Act, as amended                    Daphne Y. Jefferson,
                                               applies only to Federal agencies and any                (CAA), section 176(c) (42 U.S.C. 7401 et               Deputy Administrator.
                                               non-Federal agency which receives                       seq.), and implementing regulations                    [FR Doc. 2017–12086 Filed 6–15–17; 8:45 am]
                                               records contained in a system of records                promulgated by the Environmental                       BILLING CODE 4910–EX–P




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Document Created: 2017-06-16 00:52:29
Document Modified: 2017-06-16 00:52:29
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; extension of compliance date.
DatesEffective date: June 16, 2017 until January 1, 2019.
ContactMs. Loretta G. Bitner, (202) 366-2400, [email protected], Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
FR Citation82 FR 27766 
RIN Number2126-AC04
CFR AssociatedHighway Safety; Intermodal Transportation; Motor Carriers; Motor Vehicle Safety and Reporting and Recordkeeping Requirements

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