Federal Motor Carrier Safety Regulations; General; Commercial Motor Vehicle Marking

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 385 and 390

[FHWA Docket No. FHWA-98-3947]

RIN 2125-AD49

Federal Motor Carrier Safety Regulations; General; Commercial

Motor Vehicle Marking

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA is proposing to amend its regulations concerning the

marking of commercial motor vehicles (CMVs) and the submission of the

Motor Carrier Identification Report (Form MCS-150) that new motor

carriers must submit to the FHWA. The FHWA is proposing to eliminate

the marking regulations of the former Interstate Commerce Commission

(ICC), and require that motor carriers replace the vehicle markings

specified by those requirements with markings that conform to the

requirements of 49 CFR 390.21. The agency is proposing to amend its

current marking requirements to require that CMVs be marked with the

legal name of the business entity that owns or controls the motor

carrier operation, or the ``doing business as'' (DBA) name, and the

city and State for the principal place of business as they appear on

the Form MCS-150. Motor carriers would be allowed two years to comply

with the proposed marking requirement to affix the USDOT number to both

sides of their CMVs and five years to comply with the additional

requirements to add the address of the principal place of business, and

the legal name or DBA name to their CMVs. The FHWA is also proposing to

move the regulations that require motor carriers to submit the Form

MCS-150 from 49 CFR part 385 to part 390, and to amend the regulations

to require that all new interstate motor carriers submit a Form MCS-150

to the FHWA before (rather than within 90 days after) commencing

operations. The FHWA solicits public comment from interested persons on

this action, including responses to the information collection

requirements set forth in this document.

DATES: Written comments must be received on or before August 17, 1998.

ADDRESSES: Signed, written comments should refer to the docket number

that appears at the top of this document and must be submitted to the

Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,

Washington, DC 20590-0001. All comments received will be available for

examination at the above address between 10:00 a.m. and 5:00 p.m.,

e.t., Monday through Friday, except Federal holidays. Those desiring

notification of receipt of comments must include a self-addressed,

stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Forjan, Office of Motor

Carrier Research and Standards, (202) 366-4001, or Mr. Charles Medalen,

Office of the Chief Counsel, (202) 366-1354, Federal Highway

Administration, Department of Transportation, 400 Seventh Street, SW.,

Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

On January 28, 1992, the FHWA published a final rule (57 FR 3142)

which required interstate motor carriers to mark their interstate CMVs

with specific information, including the USDOT number (see 49 CFR

390.21) . The final rule, however, provided an exception for ICC

authorized for-hire motor carriers that complied with the marking

requirements formerly in 49 CFR part 1058, now redesignated as 49 CFR

390.401, 390.403, 390.405, and 390.407 (61 FR 54706, 54710, October 21,

1996). The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109

Stat. 803) was enacted on December 29, 1995, and became effective on

January 1, 1996. The ICCTA abolished the ICC, amended subtitle IV of

title 49, United States Code, reformed the economic regulation of

transportation, and transferred the assets, personnel, and many of the

duties and functions of the ICC to the Secretary of Transportation

(Secretary). In response to this action, the FHWA is proposing to: (1)

eliminate the marking requirements at 49 CFR 390.401, 390.403, 390.405,

and 390.407, Identification of Vehicles; and (2) require all motor

carriers operating CMVs in interstate commerce, including those motor

carriers formerly authorized by the ICC, to meet the vehicle marking

requirements at 49 CFR 390.21. The

[[Page 32802]]

FHWA believes it is important that CMVs be properly marked so that the

public has an effective means to identify motor carriers operating in

an unsafe manner. Such markings will assist State officials conducting

roadside inspections and accident investigations in attributing

important safety data to the correct motor carrier.

Use of the Motor Carrier Identification Number

The FHWA regulates the safety aspects of interstate motor carrier

operations. All motor carriers must file a motor carrier identification

report (Form MCS-150) with the FHWA within 90 days after beginning

interstate operations. Shortly after the receipt of a completed Form

MCS-150, the FHWA assigns a USDOT number to the motor carrier and

notifies it of the number assigned.

The Motor Carrier Management Information System (MCMIS) is a

computerized information system containing comprehensive safety

performance data on individual interstate motor carriers. These data

are supplied by State and Federal motor carrier safety personnel and

the motor carriers themselves. The data are maintained on a central

mainframe computer and are available for use by States, Federal

agencies, the motor carrier industry, insurance companies, and others.

All safety performance data on each motor carrier are linked to the

USDOT number. This includes roadside inspection data, accident data,

including safety and compliance review information. The USDOT number is

used to link data together to produce summaries or reports on specific

motor carriers. These data are often used to establish priorities for

motor carrier educational and enforcement activities by both Federal

and State agencies. Thus, one of the ultimate goals of the MCMIS is to

receive adequate and reliable safety performance data on each

individual carrier to support overall trends and evaluate program

effectiveness.

It is extremely difficult, however, to produce an accurate report

of a motor carrier's safety performance without the use of a unique

identifying data element for that motor carrier. The identity of the

motor carrier cannot always be determined from the data recorded on the

roadside inspection report. For example, many motor carriers in the

United States and Canada have the same or similar names. In addition,

many motor carriers have regional and terminal offices separate from

their principal place of business. Yet, any of these addresses is

currently acceptable under Sec. 390.21(b)(2). Likewise, use of multiple

names and addresses by motor carriers makes it difficult for the FHWA

to match roadside inspection data with a specific motor carrier in the

MCMIS. During calendar year 1996, 212,712 of the 1,479,259 roadside

inspections could not be matched to the correct motor carrier.

Excessive resources are expended in an attempt to resolve this

continuing ``non-match'' problem. Accordingly, the FHWA is proposing

this action to better identify and match safety performance data with

the correct motor carrier.

Legal Name or Trade Name

The FHWA proposes to require a motor carrier to mark both sides of

each self-propelled CMV it operates with the legal name or the name

under which the carrier does business (DBA name), as that name is shown

on the Form MCS-150. The current marking requirement in

Sec. 390.21(b)(1) allows the motor carrier to use its ``name or trade

name,'' but does not require that name to be the same name as the motor

carrier listed on its Form MCS-150. The MCMIS only contains the legal

name and a single trade (DBA) name and, therefore, is limited in its

ability to correctly match inspection reports with motor carriers. This

proposed change is intended to improve identification methods so that

States can assign performance data to the correct motor carrier. This

action will help alleviate the ``non-match'' problem that currently

exists.

A reliable means of correctly identifying motor carriers is

critical, given: (1) the trend toward ``automated roadside

inspections''; (2) ``electronic clearance'' technologies being explored

through the Intelligent Transportation System (ITS) program (formerly

known as the Intelligent Vehicle-Highway Systems program), under

authority granted by the Intelligent Vehicle-Highway Systems Act of

1991 (IVHS) (secs. 6051-6059 of the Intermodal Surface Transportation

Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, 2189-

2195); (3) the increasing costs of conducting roadside inspections; (4)

the FHWA's growing reliance on ``performance data''; and (5) the need

for more efficient methods of evaluating the safety fitness of motor

carriers.

The FHWA believes that the number of motor carriers affected by

this change will be relatively small. The precise number cannot,

however, be determined from existing databases. Motor carriers with

multiple trade names would be permitted to decide upon a DBA name with

which to mark their CMVs and to notify the FHWA by submitting a revised

Form MCS-150. The FHWA does not want to impose additional financial

hardship upon the motor carriers. Therefore, the USDOT number would not

need to be marked on existing CMVs until two years after the

publication of the rule and the motor carrier would have five years

from the publication of the rule to affix the legal name or DBA name on

both sides of their CMVs.

Principal Place of Business Address Required on CMVs

The FHWA also proposes to remove the language in Sec. 390.21(b)(2)

that allows a motor carrier to mark its CMVs by displaying the address

where the vehicle is customarily based. The FHWA would require a motor

carrier to mark its CMVs only with the address of its principal place

of business. A single address, like the single name discussed in the

previous section, would significantly increase the ability of

enforcement personnel at an accident scene, or a roadside inspection,

to properly identify the motor carrier and ensure that data collected

is assigned to the proper motor carrier. This new requirement would

apply to the entire fleet, including those CMVs located at a terminal

office. The motor carrier would have five years from the effective date

of the rule to affix the address of the principal place of business on

both sides of their CMVs.

New Carriers Required to File MCS-150 Before Commencing Operations

The FHWA is proposing to amend the requirement under which new

motor carriers must file the Form MCS-150. The current requirement

allows a new motor carrier to file Form MCS-150 within 90 days after

beginning operations. The proposed change would require all new motor

carriers to file Form MCS-150 before commencing operations. The FHWA

has streamlined the process for filing the Form MCS-150 by making it

available on the Internet. Motor carriers calling for the Form MCS-150

may access the Internet through the DOT WEB page at: ``HTTP://

WWW.FHWA.DOT.GOV/OMC/OMCHOME.HTML''. Motor carriers can download the

Form MCS-150, complete it, and submit it by mail. Carriers may also

obtain copies of the form from the FHWA Regional Offices listed in

Sec. 390.27.

Proposed Implementation Plan

The FHWA recognizes that the time it would take a motor carrier to

bring a large fleet into compliance with a new vehicle marking rule may

be significant.

[[Page 32803]]

Under this proposal, all CMVs that are part of a motor carrier's

existing fleet on the effective date of this rule, and which are marked

currently with an ICC MC number, would have two years to come into

compliance with the proposed marking requirements as they apply to the

USDOT number. When the ICC was terminated, most for-hire carriers

removed the ICC acronym from their CMVs. The FHWA now issues only the

MC number to the for-hire carriers. Thus, the former ICC MC number will

be referred to only as the ``MC'' number in this document. A motor

carrier would not be required to remove the MC number when it affixes

the USDOT number, but may do so if it wishes. All CMVs added to a motor

carrier fleet after the effective date of a final rule would be

required to meet all of the marking requirements, including marking

CMVs with the legal name or the name under which it does business (DBA

name), as that name is shown on the Form MCS-150, and marking CMVs only

with the address of its principal place of business.

The FHWA believes that two years would be a sufficient period of

time for the motor carrier to meet the proposed marking requirements

for adding the USDOT number, and five years to affix the address of the

principal place of business, and the legal name or DBA name on both

sides of their CMVs, without creating either an administrative or

economic hardship for motor carriers.

Motor Carrier Identification Report (Section 385.21), Failure to Report

(Section 385.23), and Form MCS-150, Motor Carrier Identification Report

(Appendix to Part 385)

The FHWA proposes to remove Secs. 385.21 and 385.23 and combine the

requirements of those two sections into a new Sec. 390.19, Motor

Carrier Identification Report. Form MCS-150, which is now an appendix

to part 385, would be redesignated as an appendix to part 390. This

proposed change would place the Form MCS-150 and the CMV marking

requirements in the same part of the Federal Motor Carrier Safety

Regulations (FMCSRs). The items proposed in this NPRM may change the

information required to be on the MCS-150 (e.g., references to the

ICC). The FHWA will make the appropriate changes after a review of the

docket comments and the existing supply of MCS-150s in stock is

depleted.

States Encouraged To Require USDOT Numbers for Intrastate Motor

Carriers

The FHWA intends to allow and encourage the States to issue USDOT

numbers to intrastate motor carriers. Currently, USDOT numbers are

issued only by the FHWA to motor carriers engaged in interstate

commerce. In the interest of uniformity and positive identification of

all motor carriers engaged in commerce, the FHWA encourages the States

to require their intrastate motor carriers to file Form MCS-150, or a

similar form, with an appropriate State office. Upon receipt of the

completed document, the States would record the information, assign the

motor carrier a USDOT number from the FHWA database, and notify the

motor carrier of its new number. If the States are willing to accept

this responsibility, they would also need to require intrastate motor

carriers to mark their CMVs with the USDOT number, and company name and

address, in the same manner as proposed in this document.

The FHWA program initiatives have been directed toward uniform

safety regulations for the motor carrier industry. The desire for

uniformity was also expressed by much of the motor carrier industry via

docket submissions, public hearings, and nominal group process meetings

conducted as part of the public outreach portion of the FHWA's Zero

Base Review of the FMCSRs. Having the various States and other

government agencies use the USDOT number nationwide as the single motor

carrier identifier would be a major step in achieving uniformity. The

USDOT number could also serve as a motor carrier's designated

identifier for the base-State programs mandated by the ISTEA. Since

September 30, 1996, States may collect motor carrier fuel tax and

registration fees only through base-State agreements, such as the

International Registration Plan (IRP) and the International Fuel Tax

Agreement (IFTA).

The Motor Carrier Safety Assistance Program (MCSAP) has increased

its emphasis on traffic enforcement for CMVs over the last several

years. These enforcement activities are performed by State enforcement

officials and local officers who may not be familiar with motor carrier

operations. Having the USDOT number as the single identifier for all

motor carriers would ensure that the information collected at the

roadside would be maintained in the correct motor carrier file.

The Commercial Vehicle Operations (CVO) component of the ITS

program is another area where adoption of the USDOT number by States

would enhance uniformity. The following are specific examples of ITS/

CVO technology:

(1) electronic clearance of State and international borders by

drivers and CMVs which are both legal and safe; (2) faster and more

effective automated roadside inspections of commercial motor vehicles;

(3) on-board safety devices to monitor driver alertness, vehicle

defects, or other problems while the vehicle is in motion, and if

necessary to notify the driver, carrier, and possibly enforcement

personnel; (4) electronic purchase of credentials, and automated

mileage and fuel reporting and auditing; (5) real-time communications

between drivers, dispatchers, and intermodal transportation providers

with information on congestion and routing options; and (6) hazardous

materials (HM) incident notification which would provide HM response

teams with timely and accurate information on cargo compartment

contents, enabling them to react properly in emergency situations. An

integrated information system capable of handling functions such as

these is critically dependent upon a unique identifying number. The

FHWA believes that the USDOT number can meet these needs.

Mexican and Canadian Carriers Also Subject to CMV Marking Requirements

Mexico-based motor carriers who are presently operating under an MX

number, and Canadian motor carriers operating under an MC number will

also be required to meet all the CMV marking requirements proposed in

this rule when operating in the United States.

Transportation Lawyers Association Petitions for Rulemaking

The Transportation Lawyers Association (TLA) filed a petition on

March 2, 1994, requesting that the FHWA initiate a rulemaking to

require motor carriers to file a Form MCS-150 biennially and within 20

days following a change of its name, control, ownership, or its

principal place of business. The TLA also recommended that the FHWA

amend its Form MCS-150 to include blocks for motor carrier revenue,

mileage, and accident data.

On August 26, 1996, the FHWA published an advance notice of

proposed rulemaking (ANPRM), Motor Carrier Replacement Information/

Registration System [61 FR 43816] . That notice was published in

response to 49 U.S.C. 13908, enacted by section 103 of the ICCTA, which

requires the Secretary to initiate a rulemaking proceeding to replace

the current Department of Transportation identification number system,

the single State registration system (49 U.S.C.

[[Page 32804]]

14504), the registration and licensing system (49 U.S.C. 13901-13905),

and the financial responsibility information system with a single, on-

line Federal system. The review and improvement of these information

systems (49 U.S.C. 13906) will benefit the motor carrier industry, the

States, the Federal government, and the public. In that ANPRM, the FHWA

requested public comment from interested persons and responses to

specific questions, several of which address issues raised by the TLA

petition: Should the FHWA retain the USDOT identification number system

as is? Who should be included as contributors to and users of this

system? How could the system be improved? Should Forms MCS-150, MCS-90

and MCS-82 be retained, modified or eliminated? Do they capture only

the necessary information? Should the information on Form MCS-150 be

updated periodically? If so, at what intervals? Because the rulemaking

to implement 49 U.S.C.13908 is much broader than the TLA request, the

FHWA has decided neither to grant nor deny the petition, but rather to

file it as a docket comment to the August 26, 1996, ANPRM. The FHWA

encourages the TLA to participate actively in the future course of that

rulemaking proceeding.

Commercial Vehicle Safety Alliance Petitions for Regulatory Changes

The Commercial Vehicle Safety Alliance (CVSA) and the Steering

Committee of the Commercial Vehicle Information System (CVIS) jointly

petitioned the FHWA, on July 13, 1994, for a number of regulatory

changes pertaining to marking requirements. The petitioners asked the

FHWA to require all motor carriers to mark their vehicles with the

USDOT number. As already discussed, the FHWA is proposing to eliminate

the current rule which allows for-hire motor carriers operating under

authority formerly issued by the ICC to mark their vehicles in

accordance with 49 CFR 390.401, 390.403, 390.405, and 390.407

(Identification of Vehicles) in lieu of obtaining a USDOT number.

When drivers, vehicles, and even motor carriers are operating under

lease to other motor carriers, it is sometimes difficult for

enforcement personnel to decide who is responsible for regulatory

compliance. The CVSA and the CVIS Steering Committee, therefore, asked

the FHWA to require the USDOT number of the party responsible for

safety be listed on appropriate documents carried in each vehicle. The

motor carrier (lessee) is always responsible for its employees under

Sec. 390.11. Petitioners suggested that the lease itself could be

marked with the USDOT number, but marking the driver's record of duty

status would give the same information with minimal changes in current

procedures. Petitioners also recommended that the FHWA ask the ICC

(which has been abolished pursuant to the ICCTA) to amend: (1) 49 CFR

part 1058 (now 49 CFR part 390, subpart D) to require all motor

carriers regulated by the ICC to obtain and display a USDOT number; and

(2) part 1057 ( now 49 CFR part 376, Lease and Interchange of

Vehicles), to require the inclusion of the USDOT number on all lease

documents.

Finally, the CVSA and the CVIS Steering Committee asked the FHWA to

make the requirements of Sec. 390.21 applicable in some way to all

intrastate motor carriers.

The FHWA replied by letter on September 7, 1994, that it would not

rule on the petition, but would simply allow the Office of Motor

Carriers to proceed with this rulemaking, which began some months

before the CVSA and the CVIS Steering Committee approached the agency.

The FHWA believes this NPRM addresses the concerns expressed by the

petitioners. The proposed rule would require all motor carriers subject

to the FMCSRs, including those motor carriers formerly regulated by the

ICC, to comply with the CMV marking requirements set forth in

Sec. 390.21. However, the FHWA has no direct authority to impose

marking requirements on intrastate motor carriers. As stated

previously, the agency will actively encourage the States to issue all

intrastate motor carriers USDOT numbers which will serve as the single

national identifier. The petitioners' request that the FHWA require the

USDOT number of the party responsible for safety be listed on

appropriate documents is not addressed in this rulemaking, because that

issue will be the subject of a subsequent rulemaking.

Rulemaking Analyses and Notices

All comments received before the close of business on the comment

closing date indicated in the DATES section will be considered and will

be available for examination in the docket room indicated in the

ADDRESSES section. Comments received after the comment closing date

will be filed in the docket and will be considered to the extent

practicable, but the FHWA may issue a final rule at any time after the

close of the comment period. In addition to late comments, the FHWA

will also continue to file in the docket relevant information that

becomes available after the comment period closing date. Interested

persons should examine the docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This document proposes to amend part 390 to require that all CMVs

that are part of a motor carrier's existing fleet on the effective date

of this rule and which are marked currently with MC numbers, also mark

those vehicles with their assigned USDOT number and correct name and

address (city and state) if necessary. Motor carriers would be given

two years from the date this rule becomes effective to affix the USDOT

number to the vehicles in their existing fleet. Motor carriers would

have five years from the date this rule becomes effective to affix the

address of the principal place of business, and the legal name or DBA

name on both sides of their CMVs, as shown on the Motor Carrier

Identification Report, Form MCS-150. Motor carriers would not be

required to remove the MC numbers from vehicles in their existing

fleet, but would be prohibited from displaying the MC numbers on new

vehicles entering the fleet. All CMVs added to a motor carrier's fleet

after the effective date of a final rule in this proceeding would be

required to meet all the proposed marking requirements prior to the

vehicles being put into service.

The FHWA has determined that this document is a significant

regulatory action under Executive Order 12866 and is significant under

the DOT's regulatory policies and procedures. A regulatory evaluation

was prepared, and has been placed in the docket. This evaluation shows

that this proposed rule would cost carriers approximately $10.7 million

spread over a five-year phase-in period. The discounted cost, based on

a 7 percent discounted rate, would be $9.2 million.

The benefits of this rule, although significant, are difficult to

quantify. The primary benefit would be an improvement in the FHWA's

ability to identify problem carriers and to take action to reduce the

potential for harm from these carriers. The action taken would depend

upon the severity of the problem. Dangerous or unsafe carriers, such as

those with a consistently high out-of-service (OOS) rate or a greater

than expected number of accidents, could be forced to discontinue

operations. Carriers with less severe problems could be targeted for

educational and other enforcement actions. While FHWA programs cannot

entirely eliminate the threat from unsafe carriers, we believe that the

combination of educational and

[[Page 32805]]

enforcement programs can reduce the negligent behavior that leads to

many accidents. The extreme action of closing a carrier would eliminate

the dangerous behavior of risky carriers entirely. Given the relatively

modest cost of this proposal, only a small number of accidents would

have to be deterred to make it cost beneficial. The DOT uses a

threshold value per fatality deterred of approximately $2.7 million.

Thus, the benefits of this proposal would exceed the costs if four

fatalities were deterred over five years. Other combinations of crashes

avoided (fatality, injury and property-damage-only) could also drive

the benefits of this proposal above its costs, with the precise figures

depending on the severity of the non-fatality accidents. The FHWA

believes that this proposal could lead to the prevention of a small

number of accidents, and thus could prove cost beneficial. The 1996

National Highway Traffic Safety Administration (NHTSA) data shows large

truck crashes resulted in 130,000 injuries and 5,126 fatalities. The

NHTSA statistics also show that 296,000 heavy trucks were involved in

crashes resulting on property damage.

The FHWA programs not only improve the safety of carriers visited,

they also serve as a deterrent to other companies. In order for this

deterrent effect to work, other carriers must see that carriers which

do not comply with the safety regulations are visited and, if

necessary, subjected to enforcement actions. If unsafe carriers are not

visited, there is little incentive for carriers to improve their safety

standards. By enhancing the FHWA's ability to identify and visit unsafe

carriers, this regulation will increase the deterrent effect of the

FHWA's safety programs.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the agency has evaluated the effects of this rule on small

entities. The economic impacts of this rule are discussed more fully in

the regulatory flexibility analysis, a copy of which is in the docket.

This rule would require all former ICC motor common and contract

carriers to mark their CMVs with a ``USDOT Number'' and the city and

State in which the motor carrier maintains its principal place of

business.

The FHWA estimates that approximately 725,000 vehicles are operated

by carriers regulated by the former ICC, and that 10% of these vehicles

already display both ICC and DOT numbers and 50% have proper name and

address identification. The cost to properly mark the remaining

vehicles (those not yet in compliance) depends on the carrier's fleet

size and what marking is required. A large carrier can apply a new DOT

number for $4 per vehicle, while it would cost a small carrier $41 to

change the DOT number, name, and address. This proposal would cost

carriers approximately $10.7 million, which would be spread over the 5

year phase-in period. At a 7% discount rate, the discounted cost would

be $9.2 million.

The benefits of this rule, while important, are difficult to

quantify. The primary benefit will be that the FHWA will be better able

to identify unsafe carriers and to take remedial action to make them

safer. A secondary benefit is that the enhanced FHWA safety programs

resulting from this rule will act as a deterrent to other carriers, by

discouraging them from engaging in unsafe practices.

In order to minimize the cost of this rule, the FHWA is proposing a

two-year phase-in period for marking of the USDOT number and a five-

year phase-in period to meet all additional marking requirements. This

should give carriers with small fleets (and others) ample time to

comply without disrupting their operations.

The FHWA believes that the cost of marking each CMV will be modest.

Therefore, under the criteria of the Regulatory Flexibility Act, the

FHWA hereby certifies that this action will not have a significant

economic impact on a substantial number of small entities. The FHWA

welcomes comments, information, and data on these potential impacts.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that a final rule, if promulgated, would not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities do not apply to this program.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-

3520), Federal agencies must obtain approval from the Office of

Management and Budget (OMB) for each collection of information they

conduct or sponsor. ``Collection of information'' is defined at 44

U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or

requirements that members of the public submit records, or provide

information to a third party. The FHWA has determined that this

proposal contains new collection of information requirements for

purposes of the PRA. The new information collection requirements in

this proposal are a result of the enactment of the ICCTA which

abolished the ICC, and transferred many of the duties and functions of

the ICC to the Secretary. In response to this action, the FHWA is

proposing to eliminate the marking requirements of the former ICC and

require all motor carriers operating CMVs in interstate commerce,

including those motor carriers formerly authorized by the ICC, to meet

the vehicle marking requirements at 49 CFR 390.21. The FHWA believes it

is important that CMVs be properly marked so that the public has an

effective means to identify motor carriers operating in an unsafe

manner. Such markings will assist State officials conducting roadside

inspections and accident investigations in attributing important safety

data to the correct motor carrier.

Prior to the ICC's elimination, carriers regulated by the former

ICC had to display their MC number on both sides of their power units.

The FHWA currently permits carriers regulated by the former ICC to

display their MC number in lieu of the DOT number. This has led to

difficulties in tracking carriers' performance, so that the FHWA is not

able to identify problem carriers accurately and expeditiously.

This NPRM would require carriers regulated by the former ICC to

display a USDOT number on all of their vehicles. Vehicles would also

have to display the owner's legal name or DBA name and the city and

State of their principal place of business as designated on their

completed MCS-150. If a motor carrier is using a name for its business

that is not one of the two names on its current MCS-150, the motor

carrier would be required to submit an updated MCS-150, to the FHWA,

within 90 days from the effective date of this rule indicating a

change. Existing vehicles would be required to be marked with a USDOT

number within 2 years of promulgation of the rule, and they would have

5 years to meet the name and address requirements. New vehicles would

have to meet these requirements immediately after the effective date of

a final rule.

[[Page 32806]]

The information collection requirements contained in Form MCS-150

have been approved by the OMB under the provisions of the PRA and

assigned the control number of 2125-0544 which expires on January 31,

2000. Because this action contains new activities for motor carriers to

file the MCS-150, the FHWA is required to resubmit this proposed

collection of information, as revised, to OMB for review and approval.

Accordingly, the FHWA seeks public comment on the proposed information

collection requirement in this action.

Interested parties are invited to send comments regarding any

aspect of these information collection requirements, including, but not

limited to: (1) whether the collection of information is necessary for

the performance of the functions of the FHWA, including whether the

information has practical utility; (2) the accuracy of the estimated

burden; (3) ways to enhance the quality, utility, and clarity of the

collected information; and (4) ways to minimize the collection burden

without reducing the quality of the information collected.

National Environmental Policy Act

The agency has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has

determined that this action would not have any effect on the quality of

the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 385

Highway safety, Highways and roads, Motor carriers, Motor vehicle

safety.

49 CFR Part 390

Highway safety, Highway and roads, Motor carriers, Motor vehicle

identification and marking, Reporting and recordkeeping requirements.

Issued on: June 9, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA proposes to amend title

49, Code of Federal Regulations, chapter III, parts 385 and 390, as

follows:

PART 385--SAFETY FITNESS PROCEDURES

1. The authority citation for part 385 continues to read as

follows:

Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144

and 31502; 49 CFR 1.48.

Secs. 385.21 and 385.23 [Removed]

2. Sections 385.21 and 385.23 are removed.

Appendix A to Part 385, Form MCS-150, Motor Carrier Identification

Report [Redesignated]

3. In chapter III, appendix A to part 385, Form MCS-150, Motor

Carrier Identification Report, is redesignated as appendix A to part

390, and appendix A to part 385 is reserved.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS

General [Amended]

4. The authority citation for part 390 continues to read as

follows:

Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,

31504; and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.

701 note); and 49 CFR 1.48.

Sec. 390.19 [Redesignated as Sec. 390.17]

5. Section 390.19 is redesignated as Sec. 390.17.

6. A new Sec. 390.19 is added to subpart B to read as follows:

Sec. 390.19 Motor carrier identification report.

(a) All motor carriers conducting operations in interstate commerce

shall file a Motor Carrier Identification Report, Form MCS-150, before

commencing operations.

(b) The Motor Carrier Identification Report, Form MCS-150, is

available from all FHWA region and division motor carrier offices

nationwide and from the FHWA Office of Motor Carrier Information

Analysis, 400 Seventh Street, SW., Washington, D.C. 20590.

(c) The completed Motor Carrier Identification Report, Form MCS-

150, shall be filed with the FHWA, Office of Motor Carrier Information

Analysis, 400 Seventh Street, SW., Washington, DC 20590.

(d) Only the legal name or a single trade name of the motor carrier

operating the self-propelled commercial motor vehicle, as listed on the

motor carrier identification report (Form MCS-150) and submitted in

accordance with this section, may be used. If the business name

currently being used by the motor carrier is not the legal name or a

single trade name, a revised Form MCS-150 must be submitted within 90

days from the effective date of this rule to the FHWA indicating a

change.

(e) A motor carrier that fails to file a Motor Carrier

Identification Report, Form MCS-150, or furnishes misleading

information or makes false statements upon Form MCS-150, is subject to

the penalties prescribed in 49 U.S.C. 522(b).

(f) Upon receipt and processing of the Motor Carrier Identification

Report, Form MCS-150, the FHWA will issue the motor carrier an

identification number (USDOT number). The motor carrier must display

the number on every self-propelled Commercial motor vehicle, as defined

in Sec. 390.5 of this part, along with the additional information

required by Sec. 390.21.

(Approved by the Office of Management and Budget under control

number 2125-0544)

7. Section 390.21 is revised, to read as follows:

Sec. 390.21 Marking of commercial motor vehicles.

(a) General. Every self-propelled commercial motor vehicle, as

defined in Sec. 390.5 of this part, subject to subchapter B of this

chapter must be marked as specified in paragraphs (b), (c), and (d) of

this section.

(b) Nature of marking. The marking must display the following

information:

(1) The legal name or a single trade name of the motor carrier

operating the self-propelled commercial motor vehicle, as listed on the

motor carrier identification report (Form MCS-150) and submitted in

accordance with Sec. 390.19.

(2) The city or community and State [name abbreviated], in which

the carrier maintains its principal place of business.

(3) The motor carrier identification number issued by the FHWA,

preceded by the letters ``USDOT'.

(4) If the name of any person other than the operating carrier

appears on the commercial motor vehicle operated under its own power,

either alone or in combination, the name of the operating carrier shall

be followed by the information required by paragraphs (b)(1), (2), and

(3) of this section, and be preceded by the words ``operated by.''

(5) Other identifying information may be displayed on the vehicle

if it is not inconsistent with the information required by this

paragraph.

(6) Each motor carrier shall meet the following requirements

pertaining to its operation:

(i) All commercial motor vehicles that are part of a motor

carrier's existing fleet on (the effective date of the final rule) and

which are marked with an ICC MC number shall come into compliance with

paragraph (b)(3) of this section within two years.

[[Page 32807]]

(ii) All commercial motor vehicles that are part of a motor

carrier's existing fleet on (the effective date of the final rule) and

which are not marked with the address of the principal place of

business, and the legal name or DBA name on both sides of their CMVs,

as shown on the Motor Carrier Identification Report, Form MCS-150,

shall come into compliance with paragraphs (b)(1) and (2) of this

section within five years.

(iii) All commercial motor vehicles added to a motor carrier's

fleet on or after (the effective date of the final rule) shall meet the

requirements of this section before being put into service.

(c) Size, shape, location, and color of marking. The marking must--

(1) Appear on both sides of the self-propelled commercial motor

vehicle;

(2) Be in letters that contrast sharply in color with the

background on which the letters are placed;

(3) Be readily legible, during daylight hours, from a distance of

50 feet while the commercial motor vehicle is stationary; and

(4) Be kept and maintained in a manner that retains the legibility

required by paragraph (c)(3) of this section.

(d) Construction and durability. The marking may be painted on the

commercial motor vehicle or may consist of a removable device, if that

device meets the identification and legibility requirements of

paragraph (c) of this section, and such marking shall be maintained as

required by paragraph (c)(4) of this section.

(e) Rented commercial motor vehicles. A motor carrier operating a

self-propelled commercial motor vehicle under a rental agreement having

a term not in excess of 30 calendar days meets the requirements of this

section if:

(1) The commercial motor vehicle is marked in accordance with the

provisions of paragraphs (b) through (d) of this section; or

(2) The commercial motor vehicle is marked as set forth below:

(i) The name or trade name of the lessor is displayed in accordance

with paragraphs (c) and (d) of this section;

(ii) The city or community and State (name abbreviated) in which

the lessor maintains its principal place of business or in which the

commercial motor vehicle is customarily based is displayed in

accordance with paragraphs (c) and (d) of this section;

(iii) The lessor's identification number preceded by the letters

``USDOT'' is displayed in accordance with paragraphs (c) and (d) of

this section; and

(iv) The rental agreement entered into by the lessor and the

renting motor carrier conspicuously contains the following information:

(A) The name and complete physical address of the principal place

of business of the renting motor carrier;

(B) The identification number issued the renting motor carrier by

the Federal Highway Administration, preceded by the letters ``USDOT,''

if the motor carrier has been issued such a number. In lieu of the

identification number required in this paragraph, the following may be

shown in the rental agreement:

(1) Information which indicates whether the motor carrier is

engaged in ``interstate'' or ``intrastate'' commerce; and

(2) Information which indicates whether the renting motor carrier

is transporting hazardous materials in the rented commercial motor

vehicle;

(C) The sentence: ``This lessor cooperates with all Federal, State,

and local law enforcement officials nationwide to provide the identity

of customers who operate this rental commercial motor vehicle''; and

(v) The rental agreement entered into by the lessor and the renting

motor carrier is carried on the rental commercial motor vehicle during

the full term of the rental agreement. See the leasing regulations at

49 CFR 376 (formerly 49 CFR 1057) for information that should be

included in all leasing documents.

Secs. 390.401, 390.403, 390.405, and 390.407 [Removed]

8. Part 390, subpart D, consisting of Secs. 390.401, 390.403,

390.405, and 390.407, is removed in its entirety.

[FR Doc. 98-15881 Filed 6-15-98; 8:45 am]

BILLING CODE 4910-22-P