83 FR 62505 - Lease and Interchange of Vehicles; Motor Carriers of Passengers; Extension of Compliance Date

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range		62505-62508
FR Document		2018-26249
FMCSA extends the compliance date of the May 27, 2015, final rule titled ``Lease and Interchange of Vehicles; Motor Carriers of Passengers,'' from January 1, 2019, to January 1, 2021. The final rule received 37 petitions for reconsideration. To address the concerns in the petitions, FMCSA initiated a new notice of proposed rulemaking (NPRM) that also included a proposal to extend the compliance date of the 2015 final rule from January 1, 2019, to January 1, 2021. This extension of the compliance date is necessary to provide time to consider all the issues raised in comments to the NPRM and to publish a final rule, while giving motor carriers sufficient time to comply with the revised requirements.
Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62505-62508]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26249]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC22


Lease and Interchange of Vehicles; Motor Carriers of Passengers; 
Extension of Compliance Date

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

ACTION: Final rule; extension of compliance date.

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

SUMMARY: FMCSA extends the compliance date of the May 27, 2015, final 
rule titled ``Lease and Interchange of Vehicles; Motor Carriers of 
Passengers,'' from January 1, 2019, to January 1, 2021. The final rule 
received 37 petitions for reconsideration. To address the concerns in 
the petitions, FMCSA initiated a new notice of proposed rulemaking 
(NPRM) that also included a proposal to extend the compliance date of 
the 2015 final rule from January 1, 2019, to January 1, 2021. This 
extension of the compliance date is necessary to provide time to 
consider all the issues raised in comments to the NPRM and to publish a 
final rule, while giving motor carriers sufficient time to comply with 
the revised requirements.

DATES: 
    Effective date: December 4, 2018 until January 1, 2021.
    Compliance date: As of December 4, 2018, the compliance date for 
the requirements in subpart F of 49 CFR part 390 (Sec. Sec.  390.300T, 
390.301, 390.303, and 390.305) is extended until January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta 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.

SUPPLEMENTARY INFORMATION: 

I. Background

A. History

    On May 27, 2015, FMCSA published a final rule titled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers'' (80 FR 30164). 
The American Bus Association (ABA) and United Motorcoach Association 
(UMA) filed a joint request for an extension of the June 26, 2015, 
deadline to submit petitions for reconsideration of the final rule (80 
FR 37553). On July 1, 2015, the Agency extended the deadline for such 
petitions until August 25, 2015 (80 FR 37553).
    The Agency received 37 petitions for reconsideration, all of which 
were filed in the public docket referenced above. After the initial 
review of the petitions, FMCSA held a meeting on October 28, 2015, with 
a cross section of the petitioners. Attending were representatives from 
small and large bus companies, charter and regular-route operations, 
and diverse geographic areas of the nation. Additionally, two insurance 
company representatives were invited due to litigation and financial 
liability concerns. The purpose of the meeting was to have an open 
discussion and to gather additional details about petitioners' specific 
operations and concerns.
    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 2015 final rule, 
but it also denied requests to reconsider other issues raised by 
petitioners (81 FR 59951). The August 31 document announced that a 
public roundtable would be held to discuss the four issues. The 
roundtable was held on October 31, 2016.
    On June 16, 2017, FMCSA published a final rule (2017 final rule) 
and a proposal in the Federal Register (82 FR 27766, and 27768). The 
2017 final rule extended the compliance date of the 2015 final rule 
from January 1, 2018, to January 1, 2019. The proposal provided 
information about FMCSA's planned revisions to the 2015 final rule and 
requested public comment on those revisions.

B. Related Activity

    To address the concerns in the petitions, FMCSA published an NPRM 
on September 20, 2018 (83 FR 47764). This NPRM (RIN 2126-AC07) proposed 
to extend the compliance date of the 2015 final rule from January 1, 
2019, to January 1, 2021. It also included proposed revisions to the 
2015 final rule and requested public comment by November 19, 2018.
    In October 2018, several passenger carriers petitioned FMCSA to 
extend the compliance date immediately in accordance with the Agency's 
prior commitments and provide sufficient time to finalize the NPRM, to 
avoid an uncertain operating environment, confusion, and disruption in 
industry operations. ABA wrote that the outcome of an uncertain 
business environment is entirely avoidable. The Agency should take the 
same action it has taken on two prior occasions, and simply publish a 
final rule to extend the compliance date of the current rule. ABA 
argued that extending the compliance date would not affect safety, as 
the current rule has never been in force; nor would an extension 
interfere with the rulemaking process to finalize revisions to the 
current rule. Further, the Agency has committed to extending the 
compliance date on several occasions for the stated purpose of allowing 
sufficient time to complete revisions to the current rule.

C. Comments Received

    FMCSA received 15 comments supporting the extension of the 
compliance date of the 2015 final rule to January 1, 2021. The 
extension is necessary to provide time to consider all the issues and 
to publish a final rule, while giving motor carriers sufficient time to 
comply with the revised requirements. FMCSA therefore extends the 2019 
compliance date until January 1, 2021.

D. Extending the Compliance Date

    The Agency is extending the compliance date by 2 years, to January 
1, 2021. The temporary section added to subpart F of 49 CFR part 390 
when a previous extension of the compliance date was issued, is being 
updated to include the new compliance date. The temporary section 
continues to be in

[[Page 62506]]

effect only from December 4, 2018 through January 1, 2021.

II. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA performed an analysis of the impacts of this final rule and 
determined it is not a significant regulatory action under section 3(f) 
of E.O. 12866 (58 FR 51735, October 4, 1993), Regulatory Planning and 
Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), 
Improving Regulation and Regulatory Review. Accordingly, the Office of 
Management and Budget (OMB) has not reviewed it under that Order. It is 
also not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034 (February 
26, 1979)). This final rule provides regulatory relief from January 1, 
2019, through December 31, 2020, from all compliance costs associated 
with the 2015 final rule. The Agency's estimates of the cost of the 
2015 final rule are thoroughly explained in that rule's Regulatory 
Evaluation (available in docket FMCSA-2012-0103) and were updated to 
reflect more recently available data for the NPRM. The analysis of 
today's final rule utilizes the same data and methodology as the NPRM.
    To estimate the costs that will result from the final rule, the 
Agency calculated the total compliance costs from 2019 through 2028, 
albeit with no costs incurred in years 2019 and 2020. These costs are 
compared to a baseline in which the compliance costs of the 2015 final 
rule are incurred beginning in 2019, as shown in Table 1.

                                                          Table 1--Total Cost of the Final Rule
                                                                 [In thousands of 2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                3% discount rate                                      7% discount rate
                                             -----------------------------------------------------------------------------------------------------------
                                                                                  Final rule costs                                      Final rule costs
                    Year                          No-action        Final rule     relative to no-       No-action        Final rule     relative to no-
                                                baseline costs        costs       action baseline     baseline costs        costs       action baseline
                                                                                       costs                                                 costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019........................................            $33,773              $0          ($33,773)            $32,510              $0          ($32,510)
2020........................................              6,083               0            (6,083)              5,636               0            (5,636)
2021........................................              5,956          32,376             26,421              5,312          28,879             23,567
2022........................................              5,831           5,831                  0              5,007           5,007                  0
2023........................................              5,709           5,709                  0              4,719           4,719                  0
2024........................................              5,590           5,590                  0              4,448           4,448                  0
2025........................................              5,473           5,473                  0              4,192           4,192                  0
2026........................................              5,359           5,359                  0              3,951           3,951                  0
2027........................................              5,247           5,247                  0              3,724           3,724                  0
2028........................................              5,137           5,137                  0              3,510           3,510                  0
                                             -----------------------------------------------------------------------------------------------------------
    10-Year Total...........................             84,158          70,723           (13,435)             73,009          58,429           (14,580)
                                             -----------------------------------------------------------------------------------------------------------
    Annualized..............................              9,866           8,291            (1,575)             10,395           8,319            (2,076)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Agency estimates that the final rule will result in a cost 
savings of $13.4 million discounted at 3 percent and $14.6 million 
discounted at 7 percent over the 10-year analysis period. Expressed on 
an annualized basis, this equates to a cost savings of $1.6 million at 
a 3 percent discount rate and $2.1 million at a 7 percent discount 
rate. All values are in 2016 dollars.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This rule is an E.O. 13771 deregulatory action.\1\ The present 
value of the cost savings of this rule, measured on an infinite horizon 
at a 7 percent discount rate, is approximately $11.9 million. Expressed 
on an annualized basis, the cost savings are $0.8 million. These values 
are expressed in 2016 dollars.
---------------------------------------------------------------------------

    \1\ Executive Office of the President. Executive Order 13771 of 
January 30, 2017. ``Reducing Regulation and Controlling Regulatory 
Costs.'' 82 FR 9339-9341. February 3, 2017.
---------------------------------------------------------------------------

C. 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, rule continues to be applicable to this final 
rule.

D. 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 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.

[[Page 62507]]

E. Federalism (E.O. 13132)

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

F. Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $161 
million (which is the value of $100 million in 2017 after adjusting for 
inflation) or more in any 1 year.

G. E.O. 12988 (Civil Justice Reform)

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

H. E.O. 13045 (Protection of Children)

    FMCSA analyzed this action under E.O. 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.

I. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 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.

J. 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.

K. E.O. 12372 (Intergovernmental Review)

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

L. 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 renewed these collections 
of information in October 2018, and they will both expire on October 
31, 2021.

M. Environment (NEPA)

    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 6.y(2) and 6.y(7) of the 
Order (69 FR 9702). These categorical exclusions relate to:
     6.y(2) Regulations implementing motor carrier 
identification and registration reports; and
     6.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, this final action does not require an environmental 
assessment or an environmental impact statement.

N. E.O. 13211 (Energy Supply, Distribution, or Use)

    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.

O. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

P. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This rule does not use 
technical standards. Therefore, FMCSA did not consider the use of 
voluntary consensus standards.

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 in title 49, Code of Federal Regulations, chapter III, subchapter 
B, as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat. 
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and 
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 
109-59, 119 Stat. 1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119 
Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126 
Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 
5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312,

[[Page 62508]]

1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49 
CFR 1.81, 1.81a, 1.87.

0
2. Effective December 4, 2018 until January 1, 2021, 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, 2021.
    Issued under the authority delegated in 49 CFR 1.87 on: November 
23, 2018.

Raymond P. Martinez,
Administrator.
[FR Doc. 2018-26249 Filed 12-3-18; 8:45 am]
 BILLING CODE 4910-EX-P
62506 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

effect only from December 4, 2018 as supplemented by E.O. 13563 (76 FR in that rule’s Regulatory Evaluation
through January 1, 2021. 3821, January 21, 2011), Improving (available in docket FMCSA–2012–
Regulation and Regulatory Review. 0103) and were updated to reflect more
II. Regulatory Analyses Accordingly, the Office of Management recently available data for the NPRM.
A. Executive Order (E.O.) 12866 and Budget (OMB) has not reviewed it The analysis of today’s final rule utilizes
(Regulatory Planning and Review), E.O. under that Order. It is also not the same data and methodology as the
13563 (Improving Regulation and significant within the meaning of DOT NPRM.
Regulatory Review), and DOT regulatory policies and procedures To estimate the costs that will result
Regulatory Policies and Procedures (DOT Order 2100.5 dated May 22, 1980; from the final rule, the Agency
44 FR 11034 (February 26, 1979)). This calculated the total compliance costs
FMCSA performed an analysis of the final rule provides regulatory relief from from 2019 through 2028, albeit with no
impacts of this final rule and January 1, 2019, through December 31, costs incurred in years 2019 and 2020.
determined it is not a significant 2020, from all compliance costs These costs are compared to a baseline
regulatory action under section 3(f) of associated with the 2015 final rule. The in which the compliance costs of the
E.O. 12866 (58 FR 51735, October 4, Agency’s estimates of the cost of the 2015 final rule are incurred beginning in
1993), Regulatory Planning and Review, 2015 final rule are thoroughly explained 2019, as shown in Table 1.

TABLE 1—TOTAL COST OF THE FINAL RULE
[In thousands of 2016$]

3% discount rate 7% discount rate

Final rule costs Final rule costs
Year No-action baseline Final rule relative to No-action baseline Final rule relative to
costs costs no-action costs costs no-action
baseline costs baseline costs

2019 ................................. $33,773 $0 ($33,773) $32,510 $0 ($32,510)
2020 ................................. 6,083 0 (6,083) 5,636 0 (5,636)
2021 ................................. 5,956 32,376 26,421 5,312 28,879 23,567
2022 ................................. 5,831 5,831 0 5,007 5,007 0
2023 ................................. 5,709 5,709 0 4,719 4,719 0
2024 ................................. 5,590 5,590 0 4,448 4,448 0
2025 ................................. 5,473 5,473 0 4,192 4,192 0
2026 ................................. 5,359 5,359 0 3,951 3,951 0
2027 ................................. 5,247 5,247 0 3,724 3,724 0
2028 ................................. 5,137 5,137 0 3,510 3,510 0

10-Year Total ............ 84,158 70,723 (13,435) 73,009 58,429 (14,580)

Annualized ................ 9,866 8,291 (1,575) 10,395 8,319 (2,076)

The Agency estimates that the final C. Regulatory Flexibility Act business, organization, or governmental
rule will result in a cost savings of $13.4 jurisdiction and you have questions
Section 603 of the Regulatory
million discounted at 3 percent and concerning its provisions or options for
Flexibility Act (RFA), as amended by
$14.6 million discounted at 7 percent compliance, please consult the FMCSA
the Small Business Regulatory
over the 10-year analysis period. Enforcement Fairness Act of 1996 (Pub. point of contact, Loretta Bitner, listed in
Expressed on an annualized basis, this L. 104–121, 110 Stat. 857, March 29, the FOR FURTHER INFORMATION CONTACT
equates to a cost savings of $1.6 million 1996) and the Small Business Jobs Act section of this rule.
at a 3 percent discount rate and $2.1 of 2010 (Pub. L. 111–240, September 27, Small businesses may send comments
million at a 7 percent discount rate. All 2010), requires FMCSA to perform a on the actions of Federal employees
values are in 2016 dollars. detailed analysis of the potential impact who enforce or otherwise determine
B. E.O. 13771 (Reducing Regulation and of the final rule on small entities. compliance with Federal regulations to
Controlling Regulatory Costs) Accordingly, DOT policy requires that the SBA’s Small Business and
agencies shall strive to lessen any Agriculture Regulatory Enforcement
This rule is an E.O. 13771 adverse effects on these businesses and Ombudsman and the Regional Small
deregulatory action.1 The present value other entities. The Final Regulatory Business Regulatory Fairness Boards.
of the cost savings of this rule, measured Flexibility Analysis conducted as part of The Ombudsman evaluates these
on an infinite horizon at a 7 percent the May 27, 2015, rule continues to be actions annually and rates each agency’s
discount rate, is approximately $11.9 applicable to this final rule. responsiveness to small business. If you
million. Expressed on an annualized D. Assistance for Small Entities wish to comment on actions by
basis, the cost savings are $0.8 million. employees of FMCSA, call 1–888–REG–
These values are expressed in 2016 In accordance with section 213(a) of FAIR (1–888–734–3247). DOT has a
dollars. the Small Business Regulatory policy ensuring the rights of small
Enforcement Fairness Act of 1996,
entities to regulatory enforcement
FMCSA wants to assist small entities in
1 Executive Office of the President. Executive
fairness and an explicit policy against
Order 13771 of January 30, 2017. ‘‘Reducing understanding this rule so that they can
retaliation for exercising these rights.
Regulation and Controlling Regulatory Costs.’’ 82 better evaluate its effects on themselves.
FR 9339–9341. February 3, 2017. If the rule would affect your small

VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62507

E. Federalism (E.O. 13132) result in a new or revised Privacy Act O. E.O. 13175 (Indian Tribal
System of Records for FMCSA. Governments)
A rule has federalism implications if
it has a substantial direct effect on State K. E.O. 12372 (Intergovernmental This rule does not have tribal
or local governments and would either Review) implications under E.O. 13175,
preempt State law or impose a Consultation and Coordination with
The regulations implementing E.O.
substantial direct cost of compliance on Indian Tribal Governments, because it
12372 regarding intergovernmental
the States. FMCSA analyzed this rule does not have a substantial direct effect
consultation on Federal programs and
under E.O. 13132 and has determined on one or more Indian tribes, on the
activities do not apply to this program.
that it has no federalism implications. relationship between the Federal
L. Paperwork Reduction Act Government and Indian tribes, or on the
F. Unfunded Mandates Reform Act of distribution of power and
1995 Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.), responsibilities between the Federal
This final rule does not impose an Federal agencies must obtain approval Government and Indian tribes.
unfunded Federal mandate, as defined from the OMB for each collection of P. National Technology Transfer and
by the Unfunded Mandates Reform Act information they conduct, sponsor, or Advancement Act (Technical
of 1995 (2 U.S.C. 1532 et seq.), that require through regulations. On August Standards)
would result in the expenditure by 5, 2015, OMB approved the May 27,
State, local, and tribal governments, in The National Technology Transfer
2015, final rule’s two information and Advancement Act (NTTAA) (15
the aggregate, or by the private sector, of collections titled ‘‘Commercial Motor
$161 million (which is the value of $100 U.S.C. 272 note) directs agencies to use
Vehicle Marking Requirements,’’ OMB voluntary consensus standards in their
million in 2017 after adjusting for No. 2126–0054, and ‘‘Lease and
inflation) or more in any 1 year. regulatory activities unless the agency
Interchange of Motor Vehicles,’’ OMB provides Congress, through OMB, with
G. E.O. 12988 (Civil Justice Reform) No. 2126–0056. OMB renewed these an explanation of why using these
collections of information in October standards would be inconsistent with
This final rule meets applicable 2018, and they will both expire on
standards in sections 3(a) and 3(b)(2) of applicable law or otherwise impractical.
October 31, 2021. Voluntary consensus standards (e.g.,
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate M. Environment (NEPA) specifications of materials, performance,
ambiguity, and reduce burden. FMCSA analyzed this final rule in design, or operation; test methods;
accordance with the National sampling procedures; and related
H. E.O. 13045 (Protection of Children) management systems practices) are
Environmental Policy Act of 1969
FMCSA analyzed this action under (NEPA) (42 U.S.C. 4321 et seq.). The standards that are developed or adopted
E.O. 13045, Protection of Children from Agency has determined under its by voluntary consensus standards
Environmental Health Risks and Safety environmental procedures Order 5610.1, bodies. This rule does not use technical
Risks. The Agency has determined that published March 1, 2004, in the Federal standards. Therefore, FMCSA did not
this rule does not create an Register (69 FR 9680), that this action is consider the use of voluntary consensus
environmental risk to health or safety categorically excluded from further standards.
that would disproportionately affect environmental documentation under List of Subjects in 49 CFR Part 390
children. Appendix 2, Paragraphs 6.y(2) and Highway safety, Intermodal
I. E.O. 12630 (Taking of Private 6.y(7) of the Order (69 FR 9702). These transportation, Motor carriers, Motor
Property) categorical exclusions relate to: vehicle safety, Reporting and
• 6.y(2) Regulations implementing
FMCSA reviewed this final rule in recordkeeping requirements.
motor carrier identification and
accordance with E.O. 12630, registration reports; and The Final Rule
Governmental Actions and Interference • 6.y(7) Regulations implementing For the reasons stated in the
with Constitutionally Protected Property prohibitions on motor carriers, agents, preamble, FMCSA amends 49 CFR part
Rights, and has determined it would not officers, representatives, and employees 390 in title 49, Code of Federal
effect a taking of private property or from making fraudulent or intentionally Regulations, chapter III, subchapter B,
otherwise have taking implications. false statements on any application, as follows:
J. Privacy Impact Assessment certificate, report, or record required by
FMCSA. PART 390—FEDERAL MOTOR
Section 522 of title I of division H of Thus, this final action does not CARRIER SAFETY REGULATIONS;
the Consolidated Appropriations Act, require an environmental assessment or GENERAL
2005, enacted December 8, 2004 (Pub. L. an environmental impact statement.
108–447, 118 Stat. 2809, 3268, 5 U.S.C. ■ 1. The authority citation for part 390
552a note), requires the Agency to N. E.O. 13211 (Energy Supply, continues to read as follows:
conduct a privacy impact assessment Distribution, or Use)
Authority: 49 U.S.C. 504, 508, 31132,
(PIA) of a regulation that will affect the FMCSA has analyzed this rule under 31133, 31134, 31136, 31137, 31144, 31149,
privacy of individuals. This final rule Executive Order 13211, Actions 31151, 31502; sec. 114, Pub. L. 103–311, 108
does not require the collection of any Concerning Regulations That Stat. 1673, 1677; secs. 212 and 217, Pub. L.
personally identifiable information. Significantly Affect Energy Supply, 106–159, 113 Stat. 1748, 1766, 1767; sec. 229,
The Privacy Act (5 U.S.C. 552a) Distribution, or Use. The Agency has Pub. L. 106–159 (as added and transferred by
applies only to Federal agencies and any determined that it is not a ‘‘significant sec. 4115 and amended by secs. 4130–4132,
Pub. L. 109–59, 119 Stat. 1144, 1726, 1743;
non-Federal agency which receives energy action’’ under that Executive sec. 4136, Pub. L. 109–59, 119 Stat. 1144,
records contained in a system of records Order because it is not economically 1745; secs. 32101(d) and 32934, Pub. L. 112–
from a Federal agency for use in a significant and is not likely to have a 141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
matching program. FMCSA has significant adverse effect on the supply, 113–125, 128 Stat. 1388; secs. 5403, 5518,
determined this final rule does not distribution, or use of energy. and 5524, Pub. L. 114–94, 129 Stat. 1312,

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62508 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

1548, 1558, 1560; sec. 2, Pub. L. 115–105, Regulatory Flexibility Act (RFA) FMP specified ACL based upon the
131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87. analysis, a regulatory impact review acceptable biological catch (ABC)
■ 2. Effective December 4, 2018 until (RIR), and a Fishery Impact Statement. recommendation from the Council’s
January 1, 2021, revise § 390.300T to FOR FURTHER INFORMATION CONTACT: Scientific and Statistical Committee
read as follows: Karla Gore, telephone: 727–824–5305; (SSC). The total ACL was distributed
email: karla.gore@noaa.gov. among the sectors and commercial gear
§ 390.300T Compliance date. components (i.e., bottom longline and
SUPPLEMENTARY INFORMATION: The
Motor carriers of passengers operating hook and line) based on allocations
CMVs under a lease or interchange snapper-grouper fishery of the South
Atlantic is managed under the FMP, and specified in Amendment 18B (78 FR
agreement are subject to §§ 390.301, 23858; April 23, 2013). For golden
390.303, and 390.305 of this subpart on includes golden tilefish along with other
snapper-grouper species. The FMP was tilefish, 97 percent of the combined
January 1, 2021. (commercial and recreational sectors
Issued under the authority delegated prepared by the Council and is
implemented through regulations at 50 together) ACL is allocated to the
in 49 CFR 1.87 on: November 23, 2018. commercial sector, with 25 percent of
CFR part 622 under the authority of the
Raymond P. Martinez, Magnuson-Stevens Fishery the commercial ACL available for
Administrator. Conservation and Management Act harvest by the hook-and-line component
(Magnuson-Stevens Act). and 75 percent of the commercial ACL
[FR Doc. 2018–26249 Filed 12–3–18; 8:45 am]
NMFS issued a temporary rule to available for the longline component.
BILLING CODE 4910–EX–P
implement interim measures to reduce The recreational sector is allocated 3
the total annual catch limit (ACL), percent of the combined ACL.
commercial and recreational sector In April 2016, an update to the
DEPARTMENT OF COMMERCE
ACLs, and quotas for the hook-and-line SEDAR 25 stock assessment was
National Oceanic and Atmospheric and longline components of the completed for golden tilefish using data
Administration commercial sector on January 2, 2018 through 2014 (SEDAR 25 Update 2016).
(83 FR 65). On June 19, 2018, NMFS In May 2016, the Council’s SSC
50 CFR Part 622 extended the interim measures for an reviewed the updated assessment,
additional 186 days, through January 3, determined the assessment was based
[Docket No. 180720681–8999–02] 2019 (83 FR 28387). On September 27, on the best scientific information
RIN 0648–BI38 2018, NMFS published a proposed rule available, and provided an ABC
for Regulatory Amendment 28 and recommendation. In a letter dated
Fisheries of the Caribbean, Gulf of requested public comment (83 FR January 4, 2017, NMFS notified the
Mexico, and South Atlantic; Snapper- 48788). Regulatory Amendment 28 and Council of the updated golden tilefish
Grouper Fishery off the Southern the proposed rule outline the rationale stock status (SEDAR 25 Update 2016)
Atlantic Region; Regulatory for the actions contained in this final determination that the stock is
Amendment 28 rule. A summary of the actions undergoing overfishing but is not
implemented by Regulatory overfished. As mandated by the
AGENCY: National Marine Fisheries Magnuson-Stevens Act, NMFS and the
Amendment 28 and this final rule is
Service (NMFS), National Oceanic and Council must prepare and implement a
provided below.
Atmospheric Administration (NOAA), plan amendment and regulations to end
Commerce. Background overfishing of golden tilefish. Therefore,
ACTION: Final rule. The Magnuson-Stevens Act requires the Council began development of an
that NMFS and regional fishery amendment to end overfishing of golden
SUMMARY: NMFS issues regulations to management councils prevent tilefish. Because the ABC
implement Regulatory Amendment 28 overfishing and achieve, on a recommendation from the Council’s
to the Fishery Management Plan for the continuing basis, the OY from federally SSC was not available until late October
Snapper-Grouper Fishery of the South managed fish stocks. These mandates 2017, there was insufficient time for the
Atlantic Region (FMP) (Regulatory are intended to ensure that fishery Council and NMFS to develop and
Amendment 28), as prepared and resources are managed for the greatest implement management measures to
submitted by the South Atlantic Fishery overall benefit to the nation, particularly end overfishing of golden tilefish by the
Management Council (Council). This with respect to providing food start of the 2018 fishing year on January
final rule revises the commercial and production and recreational 1, 2018. Consequently, in a letter to
recreational annual catch limits (ACLs) opportunities, and protecting marine NMFS dated June 27, 2017, the Council
for golden tilefish in the South Atlantic. ecosystems. requested that NMFS implement interim
The purpose of this final rule is to end Golden tilefish are harvested by both measures to immediately reduce
overfishing of golden tilefish while commercial and recreational fishermen overfishing of golden tilefish while
minimizing, to the extent practicable, throughout the South Atlantic, although long-term measures could be developed
adverse socio-economic effects and the majority of landings are attributed to through Regulatory Amendment 28. A
achieve optimum yield (OY) on a the bottom longline component of the temporary rule, published in the
continuing basis. commercial sector. Using data through Federal Register on January 2, 2018 (83
DATES: This final rule is effective on 2010, the golden tilefish stock was FR 65), reduced the combined ACL
January 4, 2019. assessed in 2011 through the Southeast based on a projected yield at 75 percent
ADDRESSES: Electronic copies of Data, Assessment, and Review (SEDAR) of the yield produced by the fishing
Regulatory Amendment 28 may be stock assessment process (SEDAR 25). mortality rate at maximum sustainable
obtained from the Southeast Regional SEDAR 25 results indicated that the yield (F = 75%FMSY), which was
Office website at http:// golden tilefish stock was not subject to 362,000 lb (164,654 kg), whole weight.
sero.nmfs.noaa.gov. Regulatory overfishing and was not overfished. Converting this value to gutted weight
Amendment 28 includes an Based upon the results of SEDAR 25, the using a conversion factor of 1.12
environmental assessment (EA), a final rule for Amendment 18B to the provided a value of 323,000 lb (146,510

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Document Created: 2018-12-04 00:42:02
Document Modified: 2018-12-04 00:42:02
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; extension of compliance date.
Dates		Effective date: December 4, 2018 until January 1, 2021.
Contact		Ms. Loretta 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 Citation		83 FR 62505
RIN Number		2126-AC22
CFR Associated		Highway Safety; Intermodal Transportation; Motor Carriers; Motor Vehicle Safety and Reporting and Recordkeeping Requirements
83 FR 62505 - Lease and Interchange of Vehicles; Motor Carriers of Passengers; Extension of Compliance Date

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 233 (December 4, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
