Lease and Interchange of Vehicles; Motor Carriers of Passengers; Extension of Compliance Date, 62505-62508 [2018-26249]

Download as PDF Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations requirements on the issuance of the HME. Comments Requested Considering the passage of time since the publication of the IFRs, and because some items may not have been touched on during the initial notice and comment, FMCSA is re-opening the comment period. At the end of the comment period, FMCSA will consider all issues under its authority and may change the IFR based on the comments. FMCSA may issue a final rule at any time after the close of the comment period. Issued on: November 23, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018–26250 Filed 12–3–18; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; extension of compliance date. AGENCY: 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 (§§ 390.300T, 390.301, 390.303, SUMMARY: VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 and 390.305) is extended until January 1, 2021. 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 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 62505 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 E:\FR\FM\04DER1.SGM 04DER1 62506 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 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 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, in that rule’s Regulatory Evaluation (available in docket FMCSA–2012– 0103) and were updated to reflect more recently available data for the NPRM. The analysis of today’s final rule utilizes the same data and methodology as the NPRM. To estimate the costs that will result from the final rule, the Agency calculated the total compliance costs from 2019 through 2028, albeit with no costs incurred in years 2019 and 2020. These costs are compared to a baseline in which the compliance costs of the 2015 final rule are incurred beginning in 2019, as shown in Table 1. TABLE 1—TOTAL COST OF THE FINAL RULE [In thousands of 2016$] 3% discount rate Year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 No-action baseline costs 7% discount rate Final rule costs relative to no-action baseline costs Final rule costs No-action baseline costs Final rule costs Final rule costs relative to no-action baseline costs ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. $33,773 6,083 5,956 5,831 5,709 5,590 5,473 5,359 5,247 5,137 $0 0 32,376 5,831 5,709 5,590 5,473 5,359 5,247 5,137 ($33,773) (6,083) 26,421 0 0 0 0 0 0 0 $32,510 5,636 5,312 5,007 4,719 4,448 4,192 3,951 3,724 3,510 $0 0 28,879 5,007 4,719 4,448 4,192 3,951 3,724 3,510 ($32,510) (5,636) 23,567 0 0 0 0 0 0 0 10-Year Total ............ 84,158 70,723 (13,435) 73,009 58,429 (14,580) Annualized ................ 9,866 8,291 (1,575) 10,395 8,319 (2,076) The Agency estimates that the final rule will result in a cost savings of $13.4 million discounted at 3 percent and $14.6 million discounted at 7 percent over the 10-year analysis period. Expressed on an annualized basis, this equates to a cost savings of $1.6 million at a 3 percent discount rate and $2.1 million at a 7 percent discount rate. All values are in 2016 dollars. B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) This rule is an E.O. 13771 deregulatory action.1 The present value of the cost savings of this rule, measured on an infinite horizon at a 7 percent discount rate, is approximately $11.9 million. Expressed on an annualized basis, the cost savings are $0.8 million. These values are expressed in 2016 dollars. 1 Executive Office of the President. Executive Order 13771 of January 30, 2017. ‘‘Reducing Regulation and Controlling Regulatory Costs.’’ 82 FR 9339–9341. February 3, 2017. VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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. E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 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 VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 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. PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 62507 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 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, E:\FR\FM\04DER1.SGM 04DER1 62508 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 1548, 1558, 1560; sec. 2, Pub. L. 115–105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87. 2. Effective December 4, 2018 until January 1, 2021, revise § 390.300T 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, 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 180720681–8999–02] RIN 0648–BI38 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern Atlantic Region; Regulatory Amendment 28 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 28), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the commercial and recreational annual catch limits (ACLs) for golden tilefish in the South Atlantic. The purpose of this final rule is to end overfishing of golden tilefish while minimizing, to the extent practicable, adverse socio-economic effects and achieve optimum yield (OY) on a continuing basis. DATES: This final rule is effective on January 4, 2019. ADDRESSES: Electronic copies of Regulatory Amendment 28 may be obtained from the Southeast Regional Office website at http:// sero.nmfs.noaa.gov. Regulatory Amendment 28 includes an environmental assessment (EA), a SUMMARY: VerDate Sep<11>2014 16:14 Dec 03, 2018 Jkt 247001 Regulatory Flexibility Act (RFA) analysis, a regulatory impact review (RIR), and a Fishery Impact Statement. FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727–824–5305; email: karla.gore@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the FMP, and includes golden tilefish along with other snapper-grouper species. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS issued a temporary rule to implement interim measures to reduce the total annual catch limit (ACL), commercial and recreational sector ACLs, and quotas for the hook-and-line and longline components of the commercial sector on January 2, 2018 (83 FR 65). On June 19, 2018, NMFS extended the interim measures for an additional 186 days, through January 3, 2019 (83 FR 28387). On September 27, 2018, NMFS published a proposed rule for Regulatory Amendment 28 and requested public comment (83 FR 48788). Regulatory Amendment 28 and the proposed rule outline the rationale for the actions contained in this final rule. A summary of the actions implemented by Regulatory Amendment 28 and this final rule is provided below. Background The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the OY from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. Golden tilefish are harvested by both commercial and recreational fishermen throughout the South Atlantic, although the majority of landings are attributed to the bottom longline component of the commercial sector. Using data through 2010, the golden tilefish stock was assessed in 2011 through the Southeast Data, Assessment, and Review (SEDAR) stock assessment process (SEDAR 25). SEDAR 25 results indicated that the golden tilefish stock was not subject to overfishing and was not overfished. Based upon the results of SEDAR 25, the final rule for Amendment 18B to the PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 FMP specified ACL based upon the acceptable biological catch (ABC) recommendation from the Council’s Scientific and Statistical Committee (SSC). The total ACL was distributed among the sectors and commercial gear components (i.e., bottom longline and hook and line) based on allocations specified in Amendment 18B (78 FR 23858; April 23, 2013). For golden tilefish, 97 percent of the combined (commercial and recreational sectors together) ACL is allocated to the commercial sector, with 25 percent of the commercial ACL available for harvest by the hook-and-line component and 75 percent of the commercial ACL available for the longline component. The recreational sector is allocated 3 percent of the combined ACL. In April 2016, an update to the SEDAR 25 stock assessment was completed for golden tilefish using data through 2014 (SEDAR 25 Update 2016). In May 2016, the Council’s SSC reviewed the updated assessment, determined the assessment was based on the best scientific information available, and provided an ABC recommendation. In a letter dated January 4, 2017, NMFS notified the Council of the updated golden tilefish stock status (SEDAR 25 Update 2016) determination that the stock is undergoing overfishing but is not overfished. As mandated by the Magnuson-Stevens Act, NMFS and the Council must prepare and implement a plan amendment and regulations to end overfishing of golden tilefish. Therefore, the Council began development of an amendment to end overfishing of golden tilefish. Because the ABC recommendation from the Council’s SSC was not available until late October 2017, there was insufficient time for the Council and NMFS to develop and implement management measures to end overfishing of golden tilefish by the start of the 2018 fishing year on January 1, 2018. Consequently, in a letter to NMFS dated June 27, 2017, the Council requested that NMFS implement interim measures to immediately reduce overfishing of golden tilefish while long-term measures could be developed through Regulatory Amendment 28. A temporary rule, published in the Federal Register on January 2, 2018 (83 FR 65), reduced the combined ACL based on a projected yield at 75 percent of the yield produced by the fishing mortality rate at maximum sustainable yield (F = 75%FMSY), which was 362,000 lb (164,654 kg), whole weight. Converting this value to gutted weight using a conversion factor of 1.12 provided a value of 323,000 lb (146,510 E:\FR\FM\04DER1.SGM 04DER1

Agencies

[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.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Background

A. History

    On May 27, 2015, FMCSA published a final rule titled ``Lease and 
Interchange of Vehicles; Motor Carriers of Passengers'' (80 FR 30164). 
The American Bus Association (ABA) and United Motorcoach Association 
(UMA) filed a joint request for an extension of the June 26, 2015, 
deadline to submit petitions for reconsideration of the final rule (80 
FR 37553). On July 1, 2015, the Agency extended the deadline for such 
petitions until August 25, 2015 (80 FR 37553).
    The Agency received 37 petitions for reconsideration, all of which 
were filed in the public docket referenced above. After the initial 
review of the petitions, FMCSA held a meeting on October 28, 2015, with 
a cross section of the petitioners. Attending were representatives from 
small and large bus companies, charter and regular-route operations, 
and diverse geographic areas of the nation. Additionally, two insurance 
company representatives were invited due to litigation and financial 
liability concerns. The purpose of the meeting was to have an open 
discussion and to gather additional details about petitioners' specific 
operations and concerns.
    Based on these discussions, and after further analysis, FMCSA 
concluded that some aspects of the petitions for reconsideration have 
merit. The Agency therefore extended the compliance date to January 1, 
2018, to allay stakeholder concerns that there would not be sufficient 
time to adjust passenger carrier operations before compliance with the 
regulations was required (81 FR 13998, March 16, 2016). After further 
review of the petitions, the Agency announced on August 31, 2016, that 
it intended to consider changes to four aspects of the 2015 final rule, 
but it also denied requests to reconsider other issues raised by 
petitioners (81 FR 59951). The August 31 document announced that a 
public roundtable would be held to discuss the four issues. The 
roundtable was held on October 31, 2016.
    On June 16, 2017, FMCSA published a final rule (2017 final rule) 
and a proposal in the Federal Register (82 FR 27766, and 27768). The 
2017 final rule extended the compliance date of the 2015 final rule 
from January 1, 2018, to January 1, 2019. The proposal provided 
information about FMCSA's planned revisions to the 2015 final rule and 
requested public comment on those revisions.

B. Related Activity

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

C. Comments Received

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

D. Extending the Compliance Date

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

[[Page 62506]]

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

II. Regulatory Analyses

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

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

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

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

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

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

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

C. Regulatory Flexibility Act

    Section 603 of the Regulatory Flexibility Act (RFA), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121, 110 Stat. 857, March 29, 1996) and the Small Business Jobs Act 
of 2010 (Pub. L. 111-240, September 27, 2010), requires FMCSA to 
perform a detailed analysis of the potential impact of the final rule 
on small entities. Accordingly, DOT policy requires that agencies shall 
strive to lessen any adverse effects on these businesses and other 
entities. The Final Regulatory Flexibility Analysis conducted as part 
of the May 27, 2015, rule continues to be applicable to this final 
rule.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this rule so that they can better evaluate its effects 
on themselves. If the rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult the 
FMCSA point of contact, Loretta Bitner, listed in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA's Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-
734-3247). DOT has a policy ensuring the rights of small entities to 
regulatory enforcement fairness and an explicit policy against 
retaliation for exercising these rights.

[[Page 62507]]

E. Federalism (E.O. 13132)

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

F. Unfunded Mandates Reform Act of 1995

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

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

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

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

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

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

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

J. Privacy Impact Assessment

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

K. E.O. 12372 (Intergovernmental Review)

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

L. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. On August 5, 2015, OMB approved the May 27, 2015, final 
rule's two information collections titled ``Commercial Motor Vehicle 
Marking Requirements,'' OMB No. 2126-0054, and ``Lease and Interchange 
of Motor Vehicles,'' OMB No. 2126-0056. OMB renewed these collections 
of information in October 2018, and they will both expire on October 
31, 2021.

M. Environment (NEPA)

    FMCSA analyzed this final rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004, in the Federal Register (69 FR 9680), that 
this action is categorically excluded from further environmental 
documentation under Appendix 2, Paragraphs 6.y(2) and 6.y(7) of the 
Order (69 FR 9702). These categorical exclusions relate to:
     6.y(2) Regulations implementing motor carrier 
identification and registration reports; and
     6.y(7) Regulations implementing prohibitions on motor 
carriers, agents, officers, representatives, and employees from making 
fraudulent or intentionally false statements on any application, 
certificate, report, or record required by FMCSA.
    Thus, this final action does not require an environmental 
assessment or an environmental impact statement.

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

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

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

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

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

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

List of Subjects in 49 CFR Part 390

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

The Final Rule

    For the reasons stated in the preamble, FMCSA amends 49 CFR part 
390 in title 49, Code of Federal Regulations, chapter III, subchapter 
B, as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

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

[[Page 62508]]

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

0
2. Effective December 4, 2018 until January 1, 2021, revise Sec.  
390.300T to read as follows:


Sec.  390.300T  Compliance date.

    Motor carriers of passengers operating CMVs under a lease or 
interchange agreement are subject to Sec. Sec.  390.301, 390.303, and 
390.305 of this subpart on January 1, 2021.
    Issued under the authority delegated in 49 CFR 1.87 on: November 
23, 2018.

Raymond P. Martinez,
Administrator.
[FR Doc. 2018-26249 Filed 12-3-18; 8:45 am]
 BILLING CODE 4910-EX-P