[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62505-62508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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$]
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                                                                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
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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)
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    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.
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    \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.
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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


