Lease and Interchange of Vehicles; Motor Carriers of Passengers, 13998-14000 [2016-05932]

Download as PDF 13998 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations (c) No multichannel video programming distributor shall by contract, agreement, patent, intellectual property right or otherwise preclude the addition of features or functions to the equipment made available pursuant to this section that are not designed, intended or function to defeat the conditional access controls of such devices or to provide unauthorized access to service. (d) Notwithstanding the foregoing, Navigation Devices need not be made available pursuant to this section where: (1) It is not reasonably feasible to prevent such devices from being used for the unauthorized reception of service; or (2) It is not reasonably feasible to separate conditional access from other functions without jeopardizing security. (e) Paragraphs (a)(1), (b), and (c) of this section shall not apply to the provision of any Navigation Device that: (1) Employs conditional access mechanisms only to access analog video programming; (2) Is capable only of providing access to analog video programming offered over a multichannel video programming distribution system; and (3) Does not provide access to any digital transmission of multichannel video programming or any other digital service through any receiving, decoding, conditional access, or other function, including any conversion of digital programming or service to an analog format. BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 [FAC 2005–87; Technical Amendment; Corrections; Docket 2016–0052; Sequence No. 1] Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Correcting amendments. mstockstill on DSK4VPTVN1PROD with RULES DoD, GSA, and NASA are issuing a correction to FAC 2005–87; Technical Amendment; (Item II), which Jkt 238001 Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202– 501–4755. Please cite FAC 2005–87, Technical Amendments; Corrections. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration FOR FURTHER INFORMATION CONTACT: Background The dates to the amended FAR sections were inadvertently stated on the Federal Register publication. Need for Corrections List of Subjects in 48 CFR Part 52 Government procurement. Accordingly, 48 CFR part 52 is corrected by making the following correcting amendments: PART 52–SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for part 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 2. In section 52.212–5: a. In paragraphs (c)(8), and (e)(1)(xv), remove ‘‘(MAR 2016)’’ and add ‘‘(DEC 2015)’’ in their places, respectively. ■ b. Revise the date of Alternate II, and remove from paragraph (e)(1)(ii)(N) ‘‘(MAR 2016)’’ and add ‘‘(DEC 2015)’’ in its place. The revision reads as follows: 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items. * * * * * Alternate II (MAR 2016). * * * * * ■ [Corrected] 3. Remove from section 52.213–4, paragraph (b)(1)(ix) ‘‘(MAR 2016)’’ and add ‘‘(DEC 2015)’’ in its place. Dated: March 11, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2016–05920 Filed 3–15–16; 8:45 am] BILLING CODE 6820–EP–P Frm 00032 Fmt 4700 [Docket No. FMCSA–2012–0103] RIN 2126–AB90 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; extension of compliance date. AGENCY: FMCSA extends the compliance date by which motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to the FMCSA final rule published May 27, 2015, for one year, to January 1, 2018. The Agency received numerous petitions for reconsideration of the final rule and based upon a review of the petitions, determined that the compliance date should be extended to provide sufficient time to address the issues raised by the petitioners. The Agency is adding a temporary section to its regulations to inform the public of this extension. There will no longer be a need for the section on the compliance date after January 1, 2018, thus the temporary section will be in effect only from March 16, 2016 through January 1, 2018. DATES: Effective date: March 16, 2016 until January 1, 2018. Compliance date: As of March 16, 2016, the compliance date for the requirements in subpart F to 49 CFR part 390 (§§ 390.301, 390.303, and 390.305) is extended until January 1, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 366–2400, loretta.bitner@dot.gov, Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: As published, the final Technical Amendment document contains errors which may prove to be misleading and need to be clarified. PO 00000 49 CFR Part 390 Lease and Interchange of Vehicles; Motor Carriers of Passengers SUPPLEMENTARY INFORMATION: ■ AGENCIES: 16:07 Mar 15, 2016 Effective: March 16, 2016. 52.213–4 Federal Acquisition Regulation; Technical Amendment; Corrections VerDate Sep<11>2014 DATES: ■ [FR Doc. 2016–05762 Filed 3–15–16; 8:45 am] SUMMARY: was published in the Federal Register at 81 FR 11988, March 7, 2016. Sfmt 4700 I. Background On May 27, 2015, FMCSA published a final rule entitled ‘‘Lease and Interchange of Vehicles; Motor Carriers of Passengers,’’ 80 FR 30164 (May 27, 2015). The American Bus Association (ABA) and United Motorcoach Association (UMA) filed a joint request for an extension of the June 26, 2015, deadline for the submission of petitions for reconsideration of the final rule. (80 FR 37553). On July 1, 2015, the Agency announced an extension of the deadline E:\FR\FM\16MRR1.SGM 16MRR1 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations for petitions for reconsideration, until August 25, 2015. (80 FR 37553). The Agency ultimately received 24 unique letters and 24 form letters with additional text as 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 areas of the nation. Additionally, two insurance company representatives were invited due to the concerns raised in the petitions about liability. The purpose of the meeting was to have an open discussion about petitioners’ concerns and to gather additional details about their specific operations. Based on these communications, and after further analysis, FMCSA has concluded that some of the petitions for reconsideration may have merit. FMCSA mailed a letter to each petitioner on September 9, 2015, acknowledging the Agency had received the petition and will process the petition in accordance with 49 CFR 389.35, ‘‘Petitions for Reconsideration.’’ After the Agency has reviewed all relevant information and a determination has been made, the petitioner will again be notified by letter. While the Agency is not yet in a position to grant or deny the petitions, it is mindful of the approaching compliance date of January 1, 2017, and it wishes to allay stakeholder concerns that there will not be sufficient time to adjust passenger carrier operations before compliance with the final rule is required. The Agency is therefore extending the compliance date to January 1, 2018. The Agency is adding a temporary section § 390.300T to subpart F of 49 CFR part 390 to inform the public of this extension. There will no longer be a need for the temporary section dealing with the compliance date after January 1, 2018, thus the temporary section will be in effect only from March 16, 2016 through January 1, 2018. mstockstill on DSK4VPTVN1PROD with RULES II. Regulatory Analyses A. Regulatory Planning and Review FMCSA has determined that this action is a non-significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT regulatory policies and procedures (44 FR 1103, February 26, 1979). The Agency does not expect the rule to generate substantial VerDate Sep<11>2014 16:07 Mar 15, 2016 Jkt 238001 congressional or public interest. This rule has not been reviewed formally by the Office of Management and Budget (OMB). Please review the final rule’s Regulatory Evaluation in docket FMCSA–2012–0103 for a thorough discussion of the assumptions the Agency made, the public comments the Agency considered, the options/ alternatives considered in developing the final rule, the analysis conducted, and the petitions for reconsideration received to the May 27, 2015, final rule 80 FR 30164. B. Regulatory Flexibility Act Section 603 of the Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111–240, September 27, 2010), requires FMCSA to perform a detailed analysis of the potential impact of the final rule on small entities. Accordingly, DOT policy requires that agencies shall strive to lessen any adverse effects on these businesses and other entities. The Final Regulatory Flexibility Analysis conducted as part of the May 27, 2015, continues to be applicable to this final rule. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this rule so that they can better evaluate its effects on themselves. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Loretta 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. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 13999 C. Federalism (Executive Order 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. D. 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 $155 million (which is the value of $100 million in 2014 after adjusting for inflation) or more in any 1 year. E. Executive Order 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. F. Executive Order 13045 (Protection of Children) FMCSA analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The Agency has determined that this rule does not create an environmental risk to health or safety that would disproportionately affect children. G. Executive Order 12630 (Taking of Private Property) FMCSA reviewed this final rule in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it would not effect a taking of private property or otherwise have taking implications. H. Privacy Impact Assessment Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This final rule does not require the collection of any personally identifiable information. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency which receives records contained in a system of records from a Federal agency for use in a E:\FR\FM\16MRR1.SGM 16MRR1 14000 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations L. Executive Order 13211 (Energy Effects) matching program. FMCSA has determined this final rule does not result in a new or revised Privacy Act System of Records for FMCSA. I. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. mstockstill on DSK4VPTVN1PROD with RULES J. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the OMB for each collection of information they conduct, sponsor, or require through regulations. On August 5, 2015, OMB approved the May 27, 2015, final rule’s two information collections titled ‘‘Commercial Motor Vehicle Marking Requirements,’’ OMB No. 2126–0054, and ‘‘Lease and Interchange of Motor Vehicles,’’ OMB No. 2126–0056. OMB has set the dates for both of these information collections to expire on August 31, 2018. K. National Environmental Policy Act and Clean Air Act FMCSA analyzed this final rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The Agency has determined under its environmental procedures Order 5610.1, published March 1, 2004, in the Federal Register (69 FR 9680), that this action is categorically excluded from further environmental documentation under Appendix 2, Paragraphs y (2) and y (7) of the Order (69 FR 9702). These categorical exclusions relate to: • y (2) Regulations implementing motor carrier identification and registration reports; and • y (7) Regulations implementing prohibitions on motor carriers, agents, officers, representatives, and employees from making fraudulent or intentionally false statements on any application, certificate, report, or record required by FMCSA. Thus, the final action will not require an environmental assessment or an environmental impact statement. FMCSA also analyzed this proposed rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA’s general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants. VerDate Sep<11>2014 16:07 Mar 15, 2016 Jkt 238001 FMCSA has analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ‘‘significant energy action’’ under that Executive Order because it is not economically significant and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects in 49 CFR Part 390 Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. The Final Rule For the reasons stated in the preamble, FMCSA amends 49 CFR part 390 in title 49, Code of Federal Regulations, chapter III, subchapter B, as follows: PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 1. The authority citation for part 390 is revised to read as follows: ■ Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31151, 31502; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677–1678; sec. 212, 217, Pub. L. 106– 159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106–159 (as transferred by sec. 4115 and amended by secs. 4130–4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743–1744); sec. 4136, Pub. L. 109–59, 119 Stat. 1144, 1745; sections 32101(d) and 32934, Pub. L. 112–141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 128 Stat. 1388; and 49 CFR 1.87. 2. Effective March 16, 2016 until January 1, 2018, add § 390.300T to subpart F to read as follows: ■ § 390.300T Compliance date. Motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to §§ 390.301, 390.303, and 390.305 of this subpart on January 1, 2018. Issued under the authority delegated in 49 CFR 1.87 on: March 10, 2016. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2016–05932 Filed 3–15–16; 8:45 am] Frm 00034 Fmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 160203073–6073–01] RIN 0648–BF75 Pacific Halibut Fisheries; Catch Sharing Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures governing the Pacific halibut fishery recommended as regulations by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council and the North Pacific Fishery Management Council (NPFMC). SUMMARY: The IPHC’s 2016 annual management measures are effective March 14, 2016. The 2016 management measures are effective until superseded. ADDRESSES: Additional requests for information regarding this action may be obtained by contacting the International Pacific Halibut Commission, 2320 W. Commodore Way, Suite 300, Seattle, WA 98199–1287; or Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or Sustainable Fisheries Division, NMFS West Coast Region, 7600 Sand Point Way, NE., Seattle, WA 98115. This final rule also is accessible via the Internet at the Federal eRulemaking portal at https:// www.regulations.gov, identified by docket number NOAA–NMFS–2016– 0015. DATES: For waters off Alaska, Glenn Merrill or Julie Scheurer, 907–586–7228; or, for waters off the U.S. West Coast, Sarah Williams, 206–526–4646. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background The IPHC has recommended regulations which would govern the Pacific halibut fishery in 2016, pursuant to the Convention between Canada and BILLING CODE 4910–EX–P PO 00000 DEPARTMENT OF COMMERCE Sfmt 4700 E:\FR\FM\16MRR1.SGM 16MRR1

Agencies

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13998-14000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05932]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AB90


Lease and Interchange of Vehicles; Motor Carriers of Passengers

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

ACTION: Final rule; extension of compliance date.

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

SUMMARY: FMCSA extends the compliance date by which motor carriers of 
passengers operating CMVs under a lease or interchange agreement are 
subject to the FMCSA final rule published May 27, 2015, for one year, 
to January 1, 2018. The Agency received numerous petitions for 
reconsideration of the final rule and based upon a review of the 
petitions, determined that the compliance date should be extended to 
provide sufficient time to address the issues raised by the 
petitioners. The Agency is adding a temporary section to its 
regulations to inform the public of this extension. There will no 
longer be a need for the section on the compliance date after January 
1, 2018, thus the temporary section will be in effect only from March 
16, 2016 through January 1, 2018.

DATES: Effective date: March 16, 2016 until January 1, 2018. Compliance 
date: As of March 16, 2016, the compliance date for the requirements in 
subpart F to 49 CFR part 390 (Sec. Sec.  390.301, 390.303, and 390.305) 
is extended until January 1, 2018.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On May 27, 2015, FMCSA published a final rule entitled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers,'' 80 FR 30164 
(May 27, 2015). The American Bus Association (ABA) and United 
Motorcoach Association (UMA) filed a joint request for an extension of 
the June 26, 2015, deadline for the submission of petitions for 
reconsideration of the final rule. (80 FR 37553). On July 1, 2015, the 
Agency announced an extension of the deadline

[[Page 13999]]

for petitions for reconsideration, until August 25, 2015. (80 FR 
37553).
    The Agency ultimately received 24 unique letters and 24 form 
letters with additional text as 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 areas of the nation. Additionally, 
two insurance company representatives were invited due to the concerns 
raised in the petitions about liability. The purpose of the meeting was 
to have an open discussion about petitioners' concerns and to gather 
additional details about their specific operations.
    Based on these communications, and after further analysis, FMCSA 
has concluded that some of the petitions for reconsideration may have 
merit. FMCSA mailed a letter to each petitioner on September 9, 2015, 
acknowledging the Agency had received the petition and will process the 
petition in accordance with 49 CFR 389.35, ``Petitions for 
Reconsideration.'' After the Agency has reviewed all relevant 
information and a determination has been made, the petitioner will 
again be notified by letter. While the Agency is not yet in a position 
to grant or deny the petitions, it is mindful of the approaching 
compliance date of January 1, 2017, and it wishes to allay stakeholder 
concerns that there will not be sufficient time to adjust passenger 
carrier operations before compliance with the final rule is required. 
The Agency is therefore extending the compliance date to January 1, 
2018. The Agency is adding a temporary section Sec.  390.300T to 
subpart F of 49 CFR part 390 to inform the public of this extension. 
There will no longer be a need for the temporary section dealing with 
the compliance date after January 1, 2018, thus the temporary section 
will be in effect only from March 16, 2016 through January 1, 2018.

II. Regulatory Analyses

A. Regulatory Planning and Review

    FMCSA has determined that this action is a non-significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT 
regulatory policies and procedures (44 FR 1103, February 26, 1979). The 
Agency does not expect the rule to generate substantial congressional 
or public interest. This rule has not been reviewed formally by the 
Office of Management and Budget (OMB).
    Please review the final rule's Regulatory Evaluation in docket 
FMCSA-2012-0103 for a thorough discussion of the assumptions the Agency 
made, the public comments the Agency considered, the options/
alternatives considered in developing the final rule, the analysis 
conducted, and the petitions for reconsideration received to the May 
27, 2015, final rule 80 FR 30164.

B. Regulatory Flexibility Act

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

C. Federalism (Executive Order 13132)

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

D. Unfunded Mandates Reform Act of 1995

    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 $155 
million (which is the value of $100 million in 2014 after adjusting for 
inflation) or more in any 1 year.

E. Executive Order 12988 (Civil Justice Reform)

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

F. Executive Order 13045 (Protection of Children)

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

G. Executive Order 12630 (Taking of Private Property)

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

H. Privacy Impact Assessment

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

[[Page 14000]]

matching program. FMCSA has determined this final rule does not result 
in a new or revised Privacy Act System of Records for FMCSA.

I. Executive Order 12372 (Intergovernmental Review)

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

J. Paperwork Reduction Act

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

K. National Environmental Policy Act and Clean Air Act

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

L. Executive Order 13211 (Energy Effects)

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

List of Subjects in 49 CFR Part 390

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

The Final Rule

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

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677-1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 
1726, 1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.


0
2. Effective March 16, 2016 until January 1, 2018, add Sec.  390.300T 
to subpart F 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, 2018.

    Issued under the authority delegated in 49 CFR 1.87 on: March 
10, 2016.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2016-05932 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P

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