Lease and Interchange of Vehicles; Motor Carriers of Passengers, 40272-40296 [2019-17342]

Download as PDF khammond on DSKBBV9HB2PROD with RULES 40272 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Translator, and FM Reimbursement Report and Order, MB Dkt. No. 18–214, GN Docket No. 12–268, FCC 19–21 (rel. March 15, 2019). Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–1178. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1178. Title: TV Broadcast Relocation Fund Reimbursement Form, FCC Form 2100, Schedule 399; Section 73.3700(e), Reimbursement Rules; Section 73.3701, Reimbursement Under the Reimbursement Expansion Act. Form Number: FCC Form 2100, Schedule 399. Respondents: Business or other forprofit entities; Not for profit institutions. Number of Respondents and Responses: 4,400 respondents; 52,800 responses. Estimated Hours per Response: 1–4 hours. Frequency of Response: One-time reporting requirement; On occasion reporting requirement, Recordkeeping requirement. Total Annual Burden: 98,800 hours. Total Annual Cost: $15,000,000. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 154(j), 157 and 309(j) as amended; and Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112– 96, §§ 6402 (codified at 47 U.S.C. 309(j)(8)(G)), 6403 (codified at 47 U.S.C. 1452), 126 Stat. 156 (2012) (Spectrum Act). Nature and Extent of Confidentiality: There is some need for confidentiality with this collection of information. Invoices, receipts, contracts, and other cost documentation submitted along with the form will be kept confidential in order to protect the identification of vendors and the terms of private contracts between parties. Vendor name and Employer Identification Numbers (EIN) or Tax Payer Identification Number (TIN) will not be disclosed to the public. Privacy Impact Assessment: No impact(s). VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 Needs and Uses: This submission was made to the Office of Management and Budget (OMB) for the approval of new information collection requirements contained within the Commission’s Report and Order, LPTV, TV Translator, and FM Reimbursement; Expanding the Economic and Innovation Opportunities Through Incentive Auction, MB Docket No. 18–214 and GN Docket No. 12–268, FCC 19–21, (March 15, 2019), 84 FR 11233 (March 26, 2019) (LPTV, TV Translator, and FM Reimbursement Report and Order). The LPTV, TV Translator, and FM Reimbursement Report and Order adopts rules to implement Congress’ directive in the 2018 Reimbursement Expansion Act (REA) that the Commission reimburse certain Low Power Television and television translator stations and FM broadcast stations, for costs incurred as a result of the Commission’s broadcast television spectrum incentive auction. In the REA, Congress provided additional funding for the TV Broadcaster Relocation Fund and expanded the list of entities eligible to receive reimbursement for costs reasonably incurred as a result of the reorganization of broadcast television spectrum to include LPTV/translator and FM stations. The LPTV, TV Translator, and FM Reimbursement Report and Order adopts rules relating to eligibility, expenses, and procedures the Commission will use to provide reimbursement to these entities and mandates the use of various measures designed to protect the Reimbursement Fund against waste, fraud, and abuse. This submission was made to implement the Commission’s directive to add LPTV, TV Translators, and FM broadcast stations to this information collection. In the LPTV, TV Translator, and FM Reimbursement Report and Order, the Commission delegated to the Media Bureau the authority to modify current FCC Form 2100, Schedule 399, TV Broadcaster Relocation Fund Reimbursement Form (Reimbursement Form), to add all newly eligible LPTV, TV Translator, and FM broadcast entities. The Media Bureau has, therefore, added questions and certifications to the Reimbursement Form to accommodate these newly eligible broadcast entities. Specifically, in order to protect the Reimbursement Fund against waste, fraud, and abuse, all newly eligible broadcast entities that propose to request reimbursement for eligible expenses must certify on the Reimbursement Form that they meet the specified eligibility criteria and provide information regarding their affected PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 broadcasting equipment and the estimated costs eligible for reimbursement. This information collection is otherwise unchanged as already approved by OMB. Federal Communications Commission. Marlene Dortch, Secretary. [FR Doc. 2019–17277 Filed 8–13–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 390 [Docket No. FMCSA–2012–0103] RIN 2126–AC07 and 2126–AC22 Lease and Interchange of Vehicles; Motor Carriers of Passengers Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA amends its May 27, 2015, final rule on Lease and Interchange of Vehicles; Motor Carriers of Passengers (2015 final rule) in response to petitions for rulemaking. This final rule narrows the applicability of the 2015 final rule by excluding certain contracts and other agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with FMCSA from the definition of lease and the associated regulatory requirements. For passenger carriers that remain subject to the leasing and interchange requirements, FMCSA returns the bus marking requirement to its July 1, 2015, state with slight modifications to add references to leased vehicles; revises the exception for the delayed writing of a lease during certain emergencies; and removes the 24-hour lease notification requirement. SUMMARY: This final rule is effective October 15, 2019. Compliance date: As of October 15, 2019, the compliance date for the requirements in subpart G of 49 CFR part 390 (§§ 390.401 and 390.403) is January 1, 2021. Comments sent to the Office of Management and Budget (OMB) on the collection of information must be received by OMB on or before September 13, 2019. OMB must receive your comments by this date in order to act quickly on the information collection request. Petitions for reconsideration of this final rule must be submitted to the DATES: E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES FMCSA Administrator no later than September 13, 2019. ADDRESSES: All comments on the collection of information should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2012–0103. Interested persons are invited to submit written comments on information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via: • Electronic mail: oira_submission@ omb.eop.gov. • Fax: 1–202–395–6974. • Mail: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. To avoid duplication, please use only one of these three methods. Petitions for reconsideration of this final rule must be submitted in accordance with 49 CFR 389.35 and submitted to the FMCSA Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590–0001. 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: This final rule is organized as follows: I. Rulemaking Documents A. Availability of Rulemaking Documents B. Privacy Act II. Executive Summary A. Purpose of the Final Rule B. Summary of the Major Provisions C. Costs and Benefits III. Abbreviations IV. Legal Basis V. Discussion of Proposed Rulemaking and Comments A. Proposed Rulemaking B. Comments and Responses C. Examples of Final Rule Implementation VI. International Impacts VII. Section-by-Section Description of the Rule A. Section 390.5 Definitions B. Section 390.21 Marking of SelfPropelled CMVs and Intermodal Equipment C. Part 390, Subpart F Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles D. Part 390, Subpart G Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles E. Section 390.401 Applicability VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 F. Section 390.403 Lease and Interchange Requirements VIII. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) C. Regulatory Flexibility Act D. Assistance for Small Entities E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act G. E.O. 13132 (Federalism) H. E.O. 12988 (Civil Justice Reform) I. E.O. 13045 (Protection of Children) J. E.O. 12630 (Taking of Private Property) K. Privacy L. E.O. 12372 (Intergovernmental Review) M. E.O. 13211 (Energy Supply, Distribution, or Use) N. E.O. 13783 (Promoting Energy Independence and Economic Growth) O. E.O. 13175 (Indian Tribal Governments) P. National Technology Transfer and Advancement Act (Technical Standards) Q. Environment (NEPA and CAA) I. Rulemaking Documents A. Availability of Rulemaking Documents For access to docket FMCSA–2012– 0103 to read background documents and comments received, go to https:// www.regulations.gov at any time, or to Docket Services at U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Executive Summary A. Purpose of the Final Rule FMCSA revises its regulations governing the lease and interchange of passenger-carrying commercial motor vehicles (CMVs). This rule excludes from the lease and interchange requirements motor carriers that operate CMVs and have active operating authority registration 1 with FMCSA to 1 Operating authority registration is defined in 49 CFR 390.5. The phrase ‘‘means the registration required by 49 U.S.C. 13902 [Registration of motor carriers], 49 CFR part 365 [Rules Governing Applications for Operating Authority], 49 CFR part 368 [Application for a Certificate of Registration to PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 40273 transport passengers—hereafter called ‘‘authorized carriers’’ or ‘‘carriers with operating authority’’ for the sake of simplicity. This rule also excludes financial leases.2 For leases between authorized carriers, the assignment of responsibility for regulatory compliance requires no additional regulatory obligations because FMCSA believes their identity can be determined by other means, principally because each authorized for-hire motor carrier must conduct the transportation in its own name, under its own authority, with its owned, leased, or borrowed vehicles, and is therefore responsible for compliance with the FMCSRs. B. Summary of the Major Provisions The rule (1) revises the definition of lease to exclude authorized carriers that grant the use of their vehicles to each other; (2) removes the May 27, 2015, final rule’s marking requirements and reinstates the previous vehicle marking requirements with slight modifications; (3) revises the provision allowing a delay in the completion of a lease during certain emergencies; and (4) removes the requirement that motor carriers chartered for a trip who lease a CMV from another carrier to provide the transportation must notify the tour operator or group of passengers about the lease and the lessor. C. Costs and Benefits The Agency estimates that an annual average of 8,366 motor carriers of passengers and 547,034 passengercarrying CMV trips will experience regulatory relief under this final rule. Approximately 75 percent of these passenger carriers and CMV trips will experience full regulatory relief and will no longer be subject to the lease and interchange requirements of the 2015 final rule. The remaining 25 percent of these passenger carriers and CMV trips will experience partial regulatory relief and remain subject to reduced lease and interchange requirements, compared to those of the 2015 final rule. As presented in Table 1, the Agency estimates that the rule will result in a cost savings of $76.5 million on an Operate in Municipalities in the United States on the United States-Mexico International Border or Within the Commercial Zones of Such Municipalities], and 49 CFR 392.9a [Operating authority].’’ ‘‘Active’’ in the context of operating authority registration means FMCSA has granted the motor carrier operating authority registration through issuance of a valid certificate, permit, or license as provided in §§ 365.115(b) or 368.6(d), and FMCSA has not suspended or revoked that certificate, permit, or license for various statutory or regulatory reasons. 2 See § 390.301(b)(1) of the 2015 final rule and § 390.401(b)(2) of this final rule. E:\FR\FM\14AUR1.SGM 14AUR1 40274 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations undiscounted basis, $67.7 million discounted at 3 percent, and $58.5 million discounted at 7 percent over the 10-year analysis period, expressed in 2016 dollars. On an annualized basis, this equates to a 10-year cost savings of $7.9 million at a 3 percent discount rate and $8.3 million at a 7 percent discount rate. This final rule has total costs less than zero, and is therefore a deregulatory action under Executive Order 13771. TABLE 1—SUMMARY OF THE TOTAL COST OF THE RULE [in thousands of 2016$] Passenger carriers experiencing regulatory relief under the rule Passenger-carrying CMV trips experiencing regulatory relief under the rule .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. .............................................................. 8,046 8,116 8,186 8,256 8,328 8,400 8,472 8,545 8,619 8,693 526,111 530,654 535,237 539,859 544,521 549,224 553,967 558,751 563,576 568,443 ($25,747) (4,114) (4,150) (4,187) (4,224) (4,260) (4,296) (4,333) (4,370) (4,409) ($1,189) (1,199) (1,210) (1,220) (1,231) (1,241) (1,252) (1,263) (1,274) (1,285) ($26,936) (5,315) (5,360) (5,407) (5,453) (5,500) (5,548) (5,596) (5,644) (5,693) ($26,152) (5,009) (4,906) (4,804) (4,704) (4,607) (4,511) (4,417) (4,326) (4,236) ($25,174) (4,642) (4,376) (4,125) (3,888) (3,665) (3,455) (3,257) (3,070) (2,894) Total ....................................................... ................................ ................................ (64,089) (12,363) (76,453) (67,672) (58,546) Annualized ..................................................... ................................ ................................ ...................... ...................... (7,645) (7,933) (8,336) Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Undiscounted Lease and interchange costs (a) Discounted Charter party notification costs Total costs (b) Discounted at 3% Discounted at 7% Notes: (a) Values shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. (b) Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) khammond on DSKBBV9HB2PROD with RULES The regulatory evaluation for the 2015 final rule addressed the potential safety benefits of lease and interchange requirements for motor carriers of passengers.3 There was insufficient data and empirical evidence to demonstrate a measurable quantitative relationship between lease and interchange requirements for passenger-carrying CMVs and improved safety outcomes such as reduced frequency and/or severity of crashes or reduced frequency of violations. Therefore, FMCSA performed a threshold analysis, also referred to as a break-even analysis, estimating the reduction in crashes that would need to occur as a consequence of the 2015 final rule for the benefits of the rule to exactly offset the estimated costs of the rule. In considering the potential impact to safety benefits from this final rule, the Agency notes that there remains insufficient data and empirical evidence to demonstrate a measurable quantitative relationship between lease and interchange requirements for passenger-carrying CMVs and improved safety outcomes. Lease and interchange requirements for motor carriers of passengers improve the ability of the Agency and our State partners to attribute inspection, compliance, 3 U.S. Department of Transportation (DOT), FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Docket ID# FMCSA–2012– 0103–0022. Available at: https:// www.regulations.gov/contentStreamer ?documentId=FMCSA-2012-0103-0022&attachment Number=1&contentType=pdf (accessed June 3, 2019). VerDate Sep<11>2014 18:08 Aug 13, 2019 Jkt 247001 enforcement, and safety data to the correct motor carrier and driver, allowing FMCSA and our State partners to more accurately identify unsafe carriers and initiate appropriate interventions. FMCSA believes that the lease and interchange requirements of this rule are a less costly and burdensome regulatory approach than the requirements of the 2015 final rule, yet still enable safety officials and the public to identify the passenger carrier responsible for safety because each authorized for-hire motor carrier must conduct the transportation in its own name, under its own authority, with its owned, leased, or borrowed vehicles, and is therefore responsible for compliance with the FMCSRs. The Agency does not anticipate any change to safety benefits as a result of the rule. III. Abbreviations 1935 Act ... 1984 Act ... 2015 final rule. ABA .......... BLS .......... CMV ......... DART ....... DOL .......... DOT .......... ECEC ....... E.O. .......... FMCSA ..... FMCSRs ... FR ............ PO 00000 Motor Carrier Act of 1935. Motor Carrier Safety Act of 1984. May 27, 2015, Lease and Interchange of Vehicles; Motor Carriers of Passengers final rule, 80 FR 30164. American Bus Association. Bureau of Labor Statistics. Commercial Motor Vehicle. Data Analysis and Reports Team. United States Department of Labor. United States Department of Transportation. Employer Costs for Employee Compensation. Executive Order. Federal Motor Carrier Safety Administration. Federal Motor Carrier Safety Regulations, 49 CFR parts 350 through 399. Federal Register. Frm 00050 Fmt 4700 Sfmt 4700 ICCTA ...... L&I ............ MCBOA .... MAP–21 ... MCMIS ..... NPRM ....... NTSB ........ OMB ......... PRA .......... RFA .......... SBA .......... SOC ......... UMA ......... U.S.C. ....... VIN ........... ICC [Interstate Commerce Commission] Termination Act of 1995. Licensing and Insurance. Minnesota Charter Bus Operators Association. Moving Ahead for Progress in the 21st Century Act. Motor Carrier Management Information System. Notice of Proposed Rulemaking. National Transportation Safety Board. Office of Management and Budget. Paperwork Reduction Act of 1995. Regulatory Flexibility Act. Small Business Administration. Standard Occupational Classification. United Motorcoach Association. United States Code. Vehicle Identification Number. IV. Legal Basis This rule is based on the authority of the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act), as amended. The 1935 Act authorizes DOT to ‘‘prescribe requirements for—(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation’’ (49 U.S.C. 31502(b)).4 The 1984 Act confers on DOT authority to regulate drivers, motor carriers, and CMVs. ‘‘At a minimum, the regulations shall ensure that—(1) commercial motor vehicles are 4 See https://www.gpo.gov/fdsys/pkg/USCODE2017-title49/pdf/USCODE-2017-title49-subtitleVIpartB-chap315.pdf (accessed June 3, 2019). E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely . . . ; and (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators’’ (49 U.S.C. 31136(a)). Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) [Pub. L. 112–141, 126 Stat. 405, 818, July 6, 2012] enacted a fifth requirement, i.e., to ensure that ‘‘(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title’’ [49 U.S.C. 31136(a)(5)].5 The 1984 Act also includes more general authority to ‘‘(8) prescribe recordkeeping . . . requirements; . . . and (10) perform other acts the Secretary considers appropriate’’ (49 U.S.C. 31133(a)).6 This rule imposes legal and recordkeeping requirements consistent with the 1935 and 1984 Acts on certain for-hire and private passenger carriers that operate CMVs, to enable safety officials and the public to identify the passenger carrier responsible for safety. Although the USDOT number serves a similar function, it does not assign responsibility when CMVs are exchanged between two or more parties, leaving an information gap filled by this rule. Currently, many passengercarrying CMVs and drivers are rented, loaned, leased, interchanged, assigned, and reassigned with few records and little formality, thus obscuring the operational safety responsibility of certain industry participants. The more accurate, targeted enforcement allowed by this rule will help the Agency meet the mandate of 49 U.S.C. 31136(a)(1) to ensure that passenger-carrying CMVs, like other vehicles, are ‘‘operated safely.’’ The rule does not address the requirements of 49 U.S.C. 31136(a)(2)– (4). Because this rule has only indirect and minimal application to drivers of passenger-carrying CMVs—at most, their employers might require them to 5 See https://www.gpo.gov/fdsys/pkg/USCODE2017-title49/pdf/USCODE-2017-title49-subtitleVIpartB-chap311-subchapIII-sec31136.pdf (accessed June 3, 2019). 6 See https://www.gpo.gov/fdsys/pkg/USCODE2017-title49/pdf/USCODE-2017-title49-subtitleVIpartB-chap311-subchapIII-sec31133.pdf (accessed June 3, 2019). VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 pick up a lease document and place it on the vehicle, though that task could also be assigned to other employees— FMCSA believes that coercion of drivers to violate the rule will not occur (49 U.S.C. 31136(a)(5)). Before prescribing any regulations, FMCSA must also consider their ‘‘costs and benefits’’ (49 U.S.C. 31136(c)(2)(A) and 31502(d)). Those factors are discussed in this final rule. V. Discussion of Proposed Rulemaking and Comments A. Proposed Rulemaking FMCSA published a notice of proposed rulemaking (NPRM) on September 20, 2018 (83 FR 47764) (2018 NPRM), that proposed several changes to the lease and interchange requirements added to 49 CFR part 390 by the 2015 final rule (80 FR 30164). The proposals included narrowing the applicability of the rule, excluding certain contracts and other agreements between motor carriers of passengers with operating authority from the definition of lease and the associated regulatory requirements, excluding financial leases,7 and returning the § 390.21(e) marking requirement to its July 1, 2015, state with slight modifications to add references to leased vehicles. The NPRM also proposed to revise the delayed writing of a lease during certain emergencies; remove the 24-hour lease notification requirement; and extend the compliance date for the 2015 final rule to January 1, 2021, to give the Agency sufficient time to complete this final rule. B. Comments and Responses Eighteen comments to the 2018 NPRM were received from the following parties: American Bus Association (ABA), United Motorcoach Association (UMA), Greyhound Lines, Coach USA, Adirondack Trailways, Annett Bus Lines, Southern Tier Stages, Northwest Motorcoach Association, Peter Pan Bus Lines, Jefferson Bus Lines, Plymouth & Brockton Street Railway Company, Academy Bus, DeCamp Bus Lines, Burlington Trailways, FlixBus Inc., Pacific Coachways Charter Services, Thielen Bus Lines,8 and a private citizen. 7 Financial lease (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) as defined in § 390.401(b)(2) means a contract between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passenger-carrying CMVs. 8 The commenter states he is a board member of the Minnesota Charter Bus Operators Association (MCBOA). He submitted comments on his own PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 40275 Extension of the Compliance Date Extension of the compliance date was supported by ABA, Academy Bus, Coach USA, Adirondack Trailways, Annett Bus Lines, Southern Tier Stages, Inc., Northwest Motorcoach Association, Peter Pan Bus Lines, Jefferson Bus Lines, Plymouth & Brockton, DeCamp Bus Lines, Burlington Trailways, UMA, Greyhound, Thielen Bus Lines, and Pacific Coachways Charter Services. FMCSA Response On December 4, 2018, FMCSA published a final rule extending the compliance date for the 2015 final rule to January 1, 2021 (83 FR 62505). This final rule will use the January 1, 2021 compliance date set by the December 2018 final rule. General Applicability The NPRM proposed revising the general applicability section to add two exceptions to the applicability requirements of the lease and interchange rule. Under the NPRM, section 390.401(b) would be modified in several ways. First, a new exception in paragraph (b)(1) would exclude from the rule contracts and agreements between passenger carriers with active passenger carrier operating authority registration 9 when one such carrier acquires transportation services from another such carrier. Second, the 2015 exception for financial leases would be revised to remove the requirement that the bank or similar financial organization, manufacturer, or dealer must be a motor carrier to utilize the exception from the rule. This is because such entities are motor carriers if they move their vehicle inventory between business locations before purchases. Third, as proposed, the limited exception for passengercarrying CMVs exchanged or interchanged between or among commonly owned and controlled motor carriers would be removed. Fourth, as proposed, the limited exception for passenger-carrying CMVs exchanged or interchanged between or among motor carriers that are a party to a revenue pooling agreement approved by the STB in accordance with 49 U.S.C behalf, and as a representative of the other 32 members of the MCBOA. 9 Operating authority registration means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a as defined in 49 CFR 390.5. ‘‘Active’’ in the context of operating authority registration means FMCSA has granted the motor carrier operating authority registration through issuance of a valid certificate, permit, or license as provided in §§ 365.115(b) or 368.6(d), and FMCSA has not suspended or revoked that certificate, permit, or license for various statutory or regulatory reasons. E:\FR\FM\14AUR1.SGM 14AUR1 khammond on DSKBBV9HB2PROD with RULES 40276 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations 14302 would be removed. All passenger carriers that are commonly owned and controlled or participate in STBapproved revenue pooling agreements operate in interstate commerce and should have operating authority. Under the NPRM, an authorized carrier that obtains a vehicle from another commonly owned and controlled authorized carrier or another authorized participant in an STB-approved pooling agreement, would not be subject to the lease and interchange requirement. Accordingly, a separate exception for carriers operating under an STBapproved pooling agreement would no longer be necessary. Greyhound Lines, Coach USA, Adirondack Trailways, Annett Bus Lines, Southern Tier Stages, Northwest Motorcoach Association, Peter Pan Bus Lines, Jefferson Bus Lines, Plymouth & Brockton Street Railway Company, Academy Bus, DeCamp Bus Lines, Burlington Trailways, FlixBus Inc., Pacific Coachways Charter Services, Thielen Bus Lines, ABA, and UMA supported the proposed general applicability section, including the proposed active operating authority registration exception, maintaining the financial lease exception, and the removal of the two limited exceptions for commonly owned and controlled authorized carriers and STB-approved pooling agreements. The UMA commented that the rule should not compel two or more carriers, all possessing the requisite valid Federal operating authority, to enter a lease they would not otherwise enter when engaging each other’s services. UMA believes that inspections and crashes should be attributed to the chartered, contracted, or subcontracted carrier that possesses the sole, direct responsibility for compliance and control of vehicle maintenance and driver qualifications and behavior. Academy Bus adds this ‘‘is a key issue to allow legally operating carriers to utilize the services of other legally operating carriers to meet demand fluctuations. Other carriers provide their buses and drivers to complete subcontracted work. The recipient maintains their own operating authority, own insurance program and manage their own operations. The carrier subcontracting the work has no input into the sub-contracted (recipient) carrier’s operations. There is no ambiguity as to what buses on the road are operated by which company and/or authority. This is not a lease issue as there is no control over the other carrier’s equipment or drivers.’’ VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 FMCSA Response The Agency adopts without change the proposed general applicability section to the leasing requirements for passenger carriers, including the proposed exception for passenger carriers with active operating authority registration, maintaining the financial lease exception, and the removal of the two limited exceptions for commonly owned and controlled authorized carriers and STB-approved pooling agreements. The lease and interchange regulations do not directly affect safety. Rather, they help FMCSA, the National Transportation Safety Board (NTSB), and State safety officials to identify the passenger carrier responsible for safety and to assign inspection, compliance, crash, and enforcement data to the correct carrier and driver, allowing the Agency, NTSB, and the States to more accurately identify unsafe and high risk carriers and to take appropriate action. The changes made by this rule will not adversely affect safety because authorized carriers involved in chartering (or subcontracting) with each other assume responsibility for their own regulatory compliance, and are readily identifiable. In addition, banks or similar financial organizations, manufacturers, or dealers: (a) Must not be a motor carrier in order to use the exception from this leasing rule; (b) will be deemed a private motor carriers of property when moving its empty passenger vehicle inventory between business locations before purchases; and (c) will have to comply fully with all 49 CFR parts 300 to 399 regulations during these moves of empty passenger vehicle inventory between business locations. Definitions The Agency proposed to revise the definition of lease in § 390.5 to include only contracts and agreements in which a motor carrier grants the use of a passenger-carrying CMV to another motor carrier when at least one of the motor carriers is not an authorized carrier.10 Authorized carriers of passengers routinely assist one another by providing transportation services during demand surges, emergencies, or events that require more than their available capacity. These common agreements, some of which amount to subcontracting, will not meet the regulatory definition of a lease in this final rule. Authorized carriers or passengers that are hired by another authorized carrier of passengers have traditionally assumed responsibility for 10 This rulemaking does not change the definition of lease in the context of property-carrying vehicles in 49 CFR 376.2. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 their own regulatory compliance and liability. This practice has long been acceptable to the insurance industry. Furthermore, authorized carriers of passengers are readily identifiable to enforcement personnel, making a separate lease agreement assigning regulatory responsibility unnecessary. The definition of lease was proposed to be narrowed by including only contracts and agreements granting the use of a passenger-carrying CMV between motor carriers when one (or more) such carrier does not have active operating authority registration. The term lease also has been revised as proposed with added language to include circumstances when no compensation is specified. The terms lessee and lessor have both been revised slightly to specify that the granting of passenger-carrying CMV usage is through a lease. The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and Coach USA support the Agency’s proposal to exclude from the definition of lease chartering between or among authorized passenger carriers. ABA writes ‘‘This change is consistent with the Agency’s stated goal of ensuring a lessor relinquishes all control of a passenger carrying commercial motor vehicle (CMV) for the full term of a lease. In the case of chartering or subcontracting, there is no surrender of the vehicle and thus these types of operations do not fit within definition of a lease. During a charter transaction, the vehicles remain within the control of the respective charter parties, each party is responsible for dispatching and maintaining its respective vehicles, and each party is responsible for regulatory compliance. Thus, in-line with FMCSA’s underlying oversight philosophy, each carrier in a charter transaction is held accountable for maintaining its own respective operating authority. This is the fundamental basis by which FMCSA conducts enforcement and can ensure carriers remain compliant. Alternatively, applying the same logic, for carriers with no operating authority, a lease requirement demonstrating the full surrender of the vehicle for the entire term of the lease also supports FMCSA’s oversight philosophy by ensuring a responsible carrier with operating authority is always controlling the vehicles operating on the road, thereby limiting opportunities to circumvent the law.’’ E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations FMCSA Response The Agency adopts without change the proposed exception to the leasing requirements for passenger carriers with active operating authority. khammond on DSKBBV9HB2PROD with RULES Marking of Self-Propelled CMVs and Intermodal Equipment Before the 2015 rule, a motor carrier operating a CMV under a rental agreement having a term of not more than 30 calendar days could mark the CMV with either (1) the name and USDOT identification number of the lessee, or (2) the name and USDOT identification number of the lessor if, in the latter case, a fully complete lease is carried on the rented CMV during the full term of the lease. The 2015 final rule required that a motor carrier operating a passenger-carrying CMV under a lease must add an additional marking device on the CMV temporarily on the right (curb) side of the vehicle on or near the front passenger door. The 2015 rule’s temporary device would show the legal or trade name and USDOT number of the carrier operating the vehicle, preceded by the words ‘‘operated by.’’ Industry commenters to the 2016 NOI and the 2017 proposal argued that the 2015 final rule imposes burdensome marking requirements that are impractical, and that there are less burdensome ways to address the Agency’s concerns. The 2018 NPRM proposed to eliminate the cost of additional marking of the vehicles while maintaining all of the information necessary for enforcement officials to identify the carrier for regulatory compliance. FMCSA also proposed to add paragraph (e)(2)(v) to allow a passenger-carrying CMV operating under the 48-hour emergency exception pursuant to § 390.403(a)(2) to be excepted from paragraphs (e)(2)(iii) and (iv) regarding a lease document with required information being carried on the vehicle, provided the lessor and lessee comply with the requirements of the provision in § 390.403(a)(2). The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and Coach USA support removing the 2015 final rule’s CMV marking requirements and restoring the previous § 390.21(e) with slight modifications to comport with the leasing requirements proposed under the 2018 NPRM. ABA noted that ‘‘This change addresses the industry’s concerns with the impracticality of the 2015 final rule requirements while still providing enforcement officials with VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 sufficient information to identify carriers for regulatory compliance. By restoring the marking requirements of the pre-2015 final rule, the Agency is addressing a major industry concern that threatened to severely restrict current operations, particularly at highvolume periods, leading to a reduction of capacity in the system without providing any additional safety benefit. As well, FMCSA’s proposed modifications to 49 CFR 390.21(e), to address operations under a lease agreement, are sufficiently tailored to ensure enforcement officials continue to have access to appropriate information in those circumstances.’’ FMCSA Response The Agency agrees with these comments and implements the marking revision as proposed. Enforcement officials will be able to use the markings on the sides of the passenger CMV and the lease or the § 390.403(a)(2) summary document to determine the identity of the carrier responsible for safety and to assign inspection, compliance, crash, and enforcement data to the correct carrier and driver. FMCSA has therefore concluded that this change will not adversely affect safety. Section 390.21 in this final rule is similar to the text in effect before the May 27, 2015, final rule. FMCSA removes the special marking regulations for leased and interchanged passengercarrying CMVs in paragraph (f). Section 390.21 has been revised to treat leased passenger-carrying CMVs like all other rented CMVs. For a lease of 30 calendar days or less, the lessee can opt to mark the vehicle with either the lessee’s information or the lessor’s information. However, the latter would require a fully executed copy of the lease be carried on the vehicle, unless the CMV is being operated for up to 48 hours under the emergency related provisions of § 390.403(a)(2). If the motor carrier is operating a passenger-carrying CMV under a lease or rental agreement for more than 30 calendar days, the CMV must be marked with the lessee’s identification information. In a lease situation, the operating motor carrier is the lessee. These revised regulations address petitioners’ concerns that there is no easy way to display a temporary marking on certain passenger-carrying motor vehicles for short term leases. FMCSA sets a compliance date of January 1, 2021, for passenger-carrying CMVs subject to the lease and interchange rules, which is identical to the compliance date for the rules themselves. To be clear, a transaction involving a motor carrier operating a PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 40277 passenger-carrying CMV financed by a bank or similar financial organization, or provided by a manufacturer or dealership for demonstration purposes or to replace a vehicle being serviced or repaired, is not subject to the lease and interchange requirements in 49 CFR part 390 subpart G as provided by the 2015 final rule and retained in § 390.401(b)(2) Financial leases. None of these financial lease arrangements is considered to be a lease, interchange, or rental of a CMV under the definition of lease in § 390.5 because banks and other similar financial organizations do not operate passenger-carrying CMVs as a motor carrier. In these cases, the motor carrier that is granted use of the passengercarrying CMV has full responsibility for the operation of such vehicle and compliance with the vehicle marking requirements in § 390.21 for the duration of the arrangement. However, it should also be noted that a motor carrier that obtained a passengercarrying CMV through a loan from a bank or similar financial organization, may be responsible for compliance if it leases that vehicle to another motor carrier of passengers. Customer Notification The 2018 NPRM proposed to remove the requirement in the 2015 rule’s § 390.305 to notify the passenger group or their representative within 24 hours after the primary contractor reassigns the transportation to a subcontractor. The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and Coach USA support FMCSA’s proposal to remove the 24-hour lease notification requirement for subcontracted charter arrangements. Multiple commenters said that if this requirement remained in place it would be very difficult for motorcoach operators to maintain the flexibility required to address emergency situations and public necessity. They wrote that it would be impractical in terms of meeting customer needs when time schedules for charter customers often restrict motor carriers’ ability to notify tour operators, unduly burdening the operator. Further, they wrote that such notifications would not necessarily provide any added safety benefit. Instead, they believe that FMCSA ensures a greater safety benefit when all carriers providing charter service have operating authority, either under their own USDOT number or established under a formal lease arrangement as proposed under the 2018 NPRM. UMA commented that ‘‘This provision was one of the least objectionable of the E:\FR\FM\14AUR1.SGM 14AUR1 40278 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations 2015 final rule by passenger carriers, indicative of the fact that most passenger carriers advise their customers and/or passengers of changes.’’ khammond on DSKBBV9HB2PROD with RULES FMCSA Response The Agency removes the customer notification requirements, as proposed. The Agency agrees with the comments received that the notifications would have imposed burdens on the passenger carrier industry and is more about customer protection than directly linked to safety. 48-Hour Lease Delay Exception When passengers are on a CMV and an emergency occurs that requires a replacement vehicle from another motor carrier, the 2015 rule allows the two carriers to postpone writing a lease or other written agreement for up to 48 hours. The Agency believed the 48-hour window would provide ample time for the parties to document the transaction. One of the issues listed in the 2016 NOI was that FMCSA would reconsider expanding applicability of the 48-hour delay provision for preparing a lease to include emergencies when passengers are not actually on board a bus (81 FR 59952, Aug. 31, 2016). FMCSA provided examples of events that might require a motor carrier to obtain a replacement vehicle immediately: • Buses might be needed to transport stranded passengers in the event that Amtrak or airline service was suspended or disrupted. A bus operator contracted to provide emergency service might need to obtain additional drivers and vehicles without delay; • Last minute maintenance or mechanical issues, or driver illness, might arise late in the evening or during the night (such as on a multi-day charter or tour trip), or just prior to picking up a group for a charter or scheduled service run. In the 2017 proposal, FMCSA explained that it intended to broaden the emergency 48-hour delay provision for preparing a lease authorized by 49 CFR 390.303(a)(2) and remove the requirement that passengers actually be on board a bus when the exception occurs. Based on comments to the 2016 NOI and 2017 proposal, the 2018 NPRM adopted the petitioners’ recommendation to expand the regulatory exception that permits the delayed writing of a lease during certain emergencies (e.g., a crash, the vehicle is disabled) including when no passengers are on the vehicle. FMCSA proposed to move the exception in 49 CFR 390.303(a)(2) to 49 CFR 390.403(a)(2). If VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 a motor carrier obtains a replacement vehicle from, or subcontracts for service with, another motor carrier, the motor carriers may delay writing of a lease during these emergency situations. However, a summary document signed and dated by the lessee’s driver or available company official must state: ‘‘[Carrier A, USDOT number, telephone number] has leased this vehicle to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR 390.403(a)(2)’’ and the summary document must be carried on the replacement vehicle for the duration of the lease. Enforcement officials will be able to use this summary document to determine the identity of the carrier responsible for regulatory compliance. ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and Coach USA support the 2018 NPRM’s proposal. ABA writes, ‘‘this is a sound change that properly captures emergency situations for when passengers are and are not on a vehicle. It also provides added flexibility to address unexpected situations that have little lead time and require short-term replacement vehicles. Additional flexibility, when needing to meet customer needs both in the interest of safety and comfort, is critical in terms of successfully conducting passenger operations.’’ UMA requested clarification in this final rule that ‘‘. . . the caveat that two or more passenger carriers possessing operating authority are not compelled to enter into a lease continues to apply.’’ UMA believes that the general exception from the leasing requirements for passenger carriers with active operating authority in proposed § 390.401(b)(1) supersedes the delayed-lease provision in proposed § 390.403(a)(2) when both carriers in a replacement vehicle scenario have operating authority. FMCSA Response FMCSA implements the delayed-lease provision as proposed. UMA’s understanding is correct; an authorized carrier hiring a replacement CMV from another authorized carrier is not subject to the delayed-lease provision of § 390.403(a)(2). As stated above, enforcement officials will be able to use the 48-hour lease delay exception summary document to determine the identity of the carrier responsible for safety and to assign inspection, compliance, crash, and enforcement data to the correct carrier and driver. This will allow the Agency to identify unsafe and high risk carriers and to take appropriate action. Because the PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 exception’s summary document must be signed and dated by the lessee’s driver or available company official and carried on the replacement vehicle for the duration of the lease, the vehicle will be readily identifiable. FMCSA has concluded that this change will not adversely affect safety. Lease and Interchange Requirements The lease and interchange requirements have been revised, as proposed, by moving § 390.303(a)(1)(iii), which covers written agreements governing the renting, borrowing, loaning, or similar transfer of a passenger-carrying CMV from another party, to § 390.403(a)(1), which makes paragraph (a)(1)(iii) unnecessary. Section 390.403(b) specifies the contents of lease and interchange documents. This paragraph requires the lease, interchange agreement, or other agreement to contain: (1) The name of the vehicle manufacturer, the year of manufacture, and the last 6 digits of the Vehicle Identification Number; (2) the legal names, contact information, and signatures 11 of both parties; (3) the time and date when the lease begins and ends; and (4) a statement that the lessee has exclusive possession and control of the leased vehicle and is responsible for regulatory compliance. Previous § 390.303(b)(4)(i)–(iii) was a slightly revised version of 49 CFR 376.12(c)(1), (2) and (4). Paragraph (b)(4)(i) is essential because it sets forth the basic reason for a lease from FMCSA’s point of view, namely to assign full responsibility for regulatory compliance to the lessee. As proposed in the 2018 NPRM, FMCSA makes this paragraph more concise, moves paragraph (b)(3)(ii) to § 390.403(b)(4)(ii), and retains only the last sentence of that provision. Paragraph (b)(4)(iii) in the 2015 final rule is a useful disclaimer, should questions arise about the status of the lessor (contractor or employee) in a tax context, but FMCSA does not believe it is essential. Therefore, FMCSA has shortened paragraphs (b)(4)(i) and (b)(4)(ii) and has removed paragraph (b)(4)(iii). FMCSA removes the requirement in previous § 390.303(b)(5) that the lease contain a statement that the lessee is responsible for compliance with the insurance requirements of 49 CFR part 387. 11 FMCSA allows the use of electronic signatures in accordance with the Government Paperwork Elimination Act (Pub. L. 105–277, Sec. 1703, 112 Stat. 2681–749, Oct. 21, 1998). See FMCSA’s ‘‘Regulatory Guidance Concerning Electronic Signatures and Documents (76 FR 411, Jan. 4, 2011) and the Electronic Signature final rule’s §§ 390.5, 390.5T, and 390.32, April 16, 2018 (83 FR 16210, 16226–7). E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES Previous § 390.303(c) and (d) have been merged and made more concise and transferred to § 390.403(c), which states that a copy of the lease must be carried in the passenger-carrying CMV during the period of the lease or interchange agreement. Both the lessee and lessor retain the lease or interchange agreement for 1 year afterwards. Previous § 390.303(e) regarding receipts has been removed. FMCSA has decided it does not need receipts when vehicles are surrendered to the lessee and returned to the lessor. If FMCSA or another government enforcement agency sought to assign a safety incident to the lessee or the lessor based on a lease or other agreement that had already been terminated, the former parties to the lease would have to decide how to document that premature termination.As proposed, FMCSA removes the requirements of § 390.303(f) for additional temporary markings of leased and interchanged passengercarrying CMVs, and returns to the text of the marking rule in § 390.21(e) that was effective on July 1, 2015, with slight modifications. The modifications add references to leased passenger-carrying CMVs in paragraph (e) to provide an option similar to that for rented CMVs. This modification would eliminate the cost of additional marking of the vehicles while maintaining all of the information necessary for enforcement officials to identify the carrier for regulatory compliance. No comments were received about these lease and interchange requirements in § 390.403 covering written agreements governing the renting, borrowing, loaning, or similar transfer of a passenger-carrying CMV from another party. FMCSA Response As the Agency received no comments about the proposed § 390.403 lease and interchange requirements for passenger carriers, the requirements are adopted with a reference to the compliance date. FMCSA adds a January 1, 2021, compliance date for passenger-carrying CMVs subject to the lease and interchange rules to § 390.401’s introductory phrase. This final rule helps FMCSA, NTSB, and State safety officials to identify the passenger carrier responsible for safety and to assign inspection, compliance, crash, and enforcement data to the correct carrier and driver, allowing the Agency, NTSB, and other enforcement officials to more accurately identify the carrier for regulatory compliance, identify unsafe and high risk carriers, and to take appropriate action. FMCSA VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 has concluded that the changes in the lease and interchange requirements of this final rule will not adversely affect safety. Example of Proposed Rule Implementation A private citizen, Lawrence F. Hughes, requested clarification of the implementation example for ‘‘Subcontracting Among Regular Route Authorized Carriers’’ [83 FR 47764, at 47773] and restated below under section VII. B. In the example, authorized carrier A hires authorized carrier B to continue authorized carrier A’s regularroute transportation service to carrier A’s regular-route trip destination. Mr. Hughes argues that the example lacks necessary details to be sufficiently clear as to the circumstances when it applies, and that the example fails to note when it does not apply and the rules for leases must be followed. He suggested either clarification of the example or a change in the method by which FMCSA registers motor carriers of passengers. FMCSA Response First, changing the method by which FMCSA registers motor carriers of passengers is outside the scope of the 2018 NPRM. Second, regardless of whether the active operating authority registration is of the subtype ‘‘regular route’’ or ‘‘charter and special transportation,’’ each authorized for-hire motor carrier must conduct the transportation in its own name, under its own authority, with its owned, leased, or borrowed vehicles, and is therefore responsible for compliance with the FMCSRs. Third, the ICC Termination Act of 1995 (ICCTA) [Pub. L. 104–88, 109 Stat. 803, 880, Dec. 29, 1995, codified at 49 U.S.C. 13902] eliminated ‘‘regular route’’ or ‘‘charter and special transportation’’ limitations when registering most motor carriers of passengers. Before ICCTA, the statute required all for-hire motor carrier of passengers to administratively register with the ICC as subtype ‘‘regular route’’ or ‘‘charter and special transportation’’ motor passenger carrier, and generally prohibited that motor carrier from doing the other subtypes of passenger transportation service, unless granted additional operating authority to do so. The ICCTA eliminated these administrative labels, except for registrations for motor carriers that are ‘‘public recipients of governmental assistance.’’ 12 Thus, a motor carrier of passengers previously issued ‘‘regular 12 See 49 U.S.C. 13902(b)(1) and (2), and 49 CFR 365.101(e). PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 40279 route’’ operating authority has general authority to perform ‘‘charter and special transportation,’’ whatever its certificate, permit, or license may say. Similarly, a motor carrier of passengers previously issued ‘‘charter and special transportation’’ operating authority also has general authority to perform ‘‘regular route’’ service. This elimination of administrative service terminology is similar to the ICCTA’s removal of the registration labels and transportation service limitations of ‘‘common’’ and ‘‘contract’’ motor carriers.13 However, if carrier A hires carrier B to conduct a regular-route passenger transportation service and at least one of the two carriers does not have active operating authority registraton, then the lease and interchange requirements of this final rule apply. Out-of-Scope Comment Greyhound, Coach USA, and Adirondack Trailways asked FMCSA (1) to clarify that entities that lease buses or drivers and control their operations to the extent of control exercised by FlixBus, OurBus, and similar technology entities, are bound by the requirements of the rule; and (2) to determine that the services of these entities make them motor carriers ‘‘providing motor vehicle transportation for compensation’’—not brokers—and subject them to the full range of FMCSA regulations. They argue that there is undisputed evidence FlixBus, OurBus, and similar entities should be subject to the 2018 NPRM and this final rule. FlixBus, Inc. argued that the Agency should reject requests to make it subject to the 2018 NPRM’s proposed requirements and other FMCSA regulations as a ‘‘motor carrier.’’ FlixBus claims it is a transportation technology company that does not own, lease, or operate passenger-carrying CMVs. It does not employ drivers. It provides a consumer-facing platform travelers can use to purchase transportation provided by one of its bus partners. 13 Many instances of the terms ‘‘common’’ and ‘‘contract’’ were removed in the Unified Registration System (URS) final rules published in 2013, 2015, and 2016 (Final Rule, Unified Registration System, 78 FR 52608 (Aug. 23, 2013), amendments, corrections, and delayed effective and compliance dates published at 80 FR 63703, October 21, 2015, and 81 FR 49553, July 28, 2016.), and in the 2016 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations final rule published at 81 FR 68336 (Oct. 4, 2016) many instances of the terms ‘‘regular route’’ and ‘‘irregular route,’’ as well as ‘‘common’’ and ‘‘contract’’ were also removed. See also Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes final rule published at 74 FR 2895 (Jan. 16, 2009). E:\FR\FM\14AUR1.SGM 14AUR1 40280 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations FlixBus also argues FMCSA should disregard the Greyhound, Coach USA, and Adirondack Trailways requests because their comments are beyond the scope of this rulemaking. FlixBus argues this rulemaking addresses rules that will apply to motor carriers of passengers that lease and interchange vehicles; it does not attempt to address which entities are or should be regulated as ‘‘motor carriers.’’ ‘‘Petitioners cannot unilaterally expand the scope of this rulemaking through their comments, nor are those comments entitled to a substantive response.’’ FMCSA Response FMCSA agrees with FlixBus that this issue is outside the scope of the 2018 NPRM. FMCSA reviewed FlixBus, OneBus, and other similar operations. At the time, these operations were not found to be motor carriers of passengers that lease or interchange vehicles. Thus, FlixBus and OneBus are not required to comply with the terms of this final rule. Changed operations or other business models may subject companies to this rule. Additional Out-of-Scope Comment Adirondack Trailways requested that its businesses be exempt from the marking requirements in § 390.21(b)(3). FMCSA Response FMCSA did not propose any changes to § 390.21(b)(3) and this comment is thus outside the scope of the 2018 NPRM. C. Examples of Final Rule Implementation khammond on DSKBBV9HB2PROD with RULES Complete Contract Transfer Example Authorized carrier A is contracted to transport a tour or travel group on a trip, but finds itself without the capacity to accommodate the group. Carrier A completely transfers the contract to authorized carrier B that has the necessary capacity. Carrier A may or may not pay a fee to carrier B for taking over the contract. A complete transfer would require carrier A to cancel its contract with the customer and carrier B to create a new contract with the customer. The final rule does not apply to these transactions because these transactions do not qualify as a ‘‘lease’’ (or interchange), as defined in § 390.5, of a passenger-carrying CMV. 15:49 Aug 13, 2019 Jkt 247001 Authorized carrier A lacks the capacity to execute a contracted trip and hires authorized carrier B to make the trip while maintaining its contract with the customer. This arrangement is documented by a charter contract between carriers A and B. Carrier A pays carrier B for the trip. This arrangement is not a lease, first because carrier B is not granting the use of a passenger-carrying CMV to carrier A, and second because both carriers are authorized carriers. Instead, carrier B is making the trip in its own name, on its own authority, with its own vehicles and is therefore responsible for compliance with the FMCSRs. This final rule therefore does not apply to this arrangement. Partial Subcontracting Among Authorized Carriers Assuming the same facts as described above, except that authorized carrier A provides some of the transportation service while contracting with authorized carrier B for the remainder, this arrangement is not a lease, first because carrier B is not granting the use of a passenger-carrying CMV to carrier A, and second because both carriers are authorized carriers. Carrier A pays carrier B for the transportation service as part of a charter contract. Carrier B is not surrendering control of a passenger-carrying CMV to carrier A for its own use. Both carriers are authorized carriers providing transportation in their own name, on their own authority, with their own vehicles, and each is independently responsible for compliance with the FMCSRs. Subcontracting Among Regular Route Authorized Carriers The following examples were published in the NPRM and remain applicable to this final rule. VerDate Sep<11>2014 Complete Subcontracting Among Authorized Carriers Authorized carrier A, which provides regular route passenger transportation services according to a fixed schedule, finds itself without the capacity to execute a route. Carrier A hires authorized carrier B to continue this service. This arrangement is documented by a charter contract between carriers A and B. Carrier A pays carrier B for the transportation service. This arrangement is not a lease, first because carrier B is not granting the use of a passenger-carrying CMV to carrier A, and second because both carriers are authorized carriers. This arrangement is also not an interchange because carriers A and B are not conducting a through movement. The final rule does not apply to this arrangement. Carrier B will conduct the transportation in its own name, on its PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 own authority, with its own vehicle(s), and is therefore responsible for compliance with the FMCSRs. Other Business Arrangements Between Passenger Carriers Example 1 Carrier A is exempt under 49 U.S.C. 13506 from the requirement for operating authority—for example, because of the hotel exemption in section 13506(a)(3) 14—but finds itself without the capacity to accommodate a group that it originally intended to transport. When this occurs, carrier A hires authorized carrier B to provide charter passenger transportation of the group in whole or in part. This arrangement is documented by a charter contract between carriers A and B. Carrier A pays carrier B for the transportation service, but is not a lessee of carrier B’s vehicle. Therefore, this arrangement is not a lease. Carrier B does not claim the exemption in section 13506(a)(3) but conducts the transportation in its own name, on its own authority, with its own vehicle(s) and is therefore responsible for compliance with the FMCSRs. This final rule does not apply to this arrangement. Example 2 Private motor carrier of passengers A finds itself without the capacity to transport the members of its organization. Carrier A therefore hires authorized carrier B to provide charter passenger transportation of the group in whole or in part. This arrangement is documented by a charter contract between carriers A and B. Carrier A pays carrier B for the transportation service. Carrier A is not a lessee and the arrangement is not a lease or interchange because carrier B conducts the transportation in its own name, on its own authority, with its own vehicle(s) and is therefore responsible for compliance with the FMCSRs. The final rule does not apply to this arrangement. Example 3 Carrier A is an exempt for-hire motor carrier of passengers (under 49 U.S.C. 13506) that finds itself without the capacity to accommodate a group it originally intended to transport. Carrier A uses a passenger-carrying CMV owned by authorized carrier B. This transaction is a lease under the final rule and is subject to its requirements 14 Section 13506 lists the miscellaneous motor carrier transportation exemptions. Under section 13506(a)(3), neither the Secretary nor the Board has jurisdiction over a motor vehicle owned or operated by or for hotel patrons between the hotel and the local station of a carrier. E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations because carrier A is not authorized to operate for-hire in interstate commerce. In this case, carrier B is a lessor that is surrendering control of a passengercarrying CMVs to carrier A for the use of that carrier. Carrier A will conduct the transportation in its own name under its own safety registration (i.e., USDOT number) with the CMV leased from carrier B, with or without drivers provided by carrier B, and is therefore responsible for compliance with the FMCSRs. to conduct for-hire operations in interstate commerce. In this case, carrier B is a lessor that is surrendering control of its passenger-carrying CMV to carrier A for the use of that carrier. Carrier A will conduct the transportation in its own name, under its own safety registration (i.e., USDOT number), with the CMV leased from carrier B, with or without drivers provided by carrier B, and is therefore responsible for compliance with the applicable FMCSRs. Example 4 Private motor carrier of passengers A finds itself without the capacity to accommodate a group it originally intended to transport. Carrier A uses a passenger-carrying CMV owned by authorized carrier B. This transaction is a lease under this final rule and is subject to its requirements because carrier A is not authorized to operate for-hire in interstate commerce. In this case, carrier B is a lessor that is surrendering control of a passengercarrying CMVs to carrier A for the use of that carrier. Carrier A will conduct the transportation in its own name under its own safety registration (i.e., USDOT number) with the CMV leased from carrier B, with or without drivers provided by carrier B, and is therefore responsible for compliance with the applicable FMCSRs. Example 7 For-hire passenger carrier A had its operating authority revoked for lack of adequate insurance coverage. Carrier A wishes to generate revenue from its otherwise idle CMVs. It therefore negotiates an arrangement with authorized carrier B to surrender control of its passenger-carrying CMVs to carrier B for a fee. This arrangement is a lease under the final rule and would be subject to its requirements because carrier A is not authorized to operate for-hire in interstate commerce. In this case, carrier A is simply a lessor. Carrier B would conduct the transportation in its own name, under its own authority, with the CMVs leased from carrier A, with or without drivers provided by carrier A, and is therefore responsible for compliance with the FMCSRs. khammond on DSKBBV9HB2PROD with RULES Example 5 Authorized carrier A lacks the capacity to execute a contracted trip and uses a passenger-carrying CMV owned by private motor carrier of passengers, carrier B. This transaction is a lease under the final rule and is subject to its requirements because private carrier B is not authorized to operate for-hire in interstate commerce and cannot be hired to provide transportation. In this case, carrier B is a lessor that is surrendering control of its passengercarrying CMV to carrier A. Carrier A will conduct the transportation in its own name, under its own authority, with the CMV leased from the private motor carrier of passengers, with or without drivers provided by carrier B, and is therefore responsible for compliance with the FMCSRs. Example 6 Private motor carrier of passengers A finds itself without the capacity to transport the members of its organization and uses a passengercarrying CMV owned by private motor carrier of passengers B. This transaction is a lease under the final rule and is subject to the requirements of this rule because neither carrier has the authority VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 VI. International Impacts The FMCSRs, and any exceptions to the FMCSRs, apply only within the United States (and, in some cases, United States territories). Motor carriers and drivers are subject to the laws and regulations of the countries in which they operate, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences among nations. VII. Section-By-Section Description of the Rule A. Section 390.5 Definitions Section 390.5 is amended to revise the definitions of lease, lessee, and lessor and these terms apply specifically to motor carriers of passengers. B. Section 390.21 Marking of SelfPropelled CMVs and Intermodal Equipment Section 390.21 is returned nearly to the form before the May 27, 2015, final rule’s effective date. In the paragraph (e) header, FMCSA replaces ‘‘Rented property-carrying commercial motor vehicles’’ with the phrase ‘‘Rented CMVs and leased passenger-carrying CMVs.’’ Throughout paragraph (e), the Agency adds the phrase ‘‘or lease’’ after the term ‘‘rental agreement.’’ When PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 40281 referring to a ‘‘renting motor carrier,’’ the Agency adds the phrase ‘‘or lessee’’ immediately after it. In paragraph (e)(2)(iv), in addition to the cross reference to the property-carrying leasing regulations in 49 CFR part 376, FMCSA adds a cross reference to the passenger-carrying leasing regulations in subpart G of part 390 so that the revised sentence reads ‘‘See the property-carrying leasing regulations at 49 CFR part 376 and the passengercarrying leasing regulations at subpart G of this part for information that should be included in all leasing documents.’’ FMCSA adds paragraph (e)(2)(v)(A) to § 390.21 to allow the passenger-carrying CMV operating under the 48-hour emergency exception pursuant to § 390.403(a)(2) to be excepted from paragraphs § 390.21(e)(2)(iii) and (iv), provided the lessor and lessee comply with the requirements of the provision in § 390.403(a)(2). FMCSA adds § 390.21(e)(2)(v)(B) to set a January 1, 2021, compliance date for the paragraph (e) requirements for passenger-carrying CMVs subject to the lease and interchange rules under subpart G (§§ 390.401 and 390.403). This date is identical to the compliance date in §§ 390.401 and 390.403. FMCSA removes § 390.21(f) and redesignates paragraphs (g) and (h) as paragraphs (f) and (g), respectively, as they were on July 1, 2015.15 C. Part 390, Subpart F Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles Subpart F, including §§ 390.300T, 390.301, 390.303, and 390.305, is removed and reserved. D. Part 390, Subpart G Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles Subpart G, consisting of §§ 390.401 and 390.403, is added. These sections include the applicability of the final rule, the two general exceptions, the civil penalties for failure to meet applicable requirements, and the requirements for every lease or interchange. E. Section 390.401 Applicability Paragraph (a) explains the general applicability of Subpart G. The compliance date of this section is January 1, 2021. Paragraph (b) provides two exceptions to the general rule. Paragraph (b)(1) makes the rules in §§ 390.401 and 390.403 inapplicable to contracts and 15 See https://www.ecfr.gov/cgi-bin/text-idx?SID= b9ddca68b462ed0f3d5758839de97752&pitd= 20150701&node=pt49.5.390&rgn= div5#se49.5.390_121 (accessed June 3, 2019). E:\FR\FM\14AUR1.SGM 14AUR1 40282 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations agreements between motor carriers of passengers that have active FMCSA operating authority. This exception is applicable when one such motor carrier acquires transportation service(s) from another such motor carrier(s), whether those agreements are designated subcharters, farm-out charters, subcontracts, pooling agreements approved by the U.S. Surface Transportation Board, or throughservice 16 agreements. Paragraph (b)(2) makes the rules in §§ 390.401 and 390.403 inapplicable to Financial leases (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passengercarrying CMVs. This provision repromulgates the same section of the 2015 final rule. Paragraph (c) provides that if the use of a passenger-carrying CMV is arranged between motor carriers subject to both rules in §§ 390.401 and 390.403 and either carrier fails to meet all applicable requirements of subpart G, both motor carriers are subject to a civil penalty. khammond on DSKBBV9HB2PROD with RULES F. Section 390.403 Lease and Interchange Requirements Paragraph (a)(1) sets out the two instances in which a lease or other agreement is required (and the lease or agreement must then meet the conditions of paragraphs (b) and (c) of this section) beginning on the compliance date of this rule, January 1, 2021. Paragraph (a)(2) allows the delayed writing of a lease or agreement after an emergency, such as a disabled vehicle, that disrupts or delays a trip, and, unlike the previous rule, does not limit the exception to times when passengers are on the bus. Paragraph (b) specifies the four required items of any lease, sublease, or interchange document required by this rule: (1) Vehicle identification information; (2) Parties; (3) Specific duration; and (4) Exclusive possession and responsibilities. Paragraph (c) explains when a copy of the lease or agreement must be on the passenger-carrying CMV and how long both the lessor and lessee must retain copies of the lease or agreement. 16 A through-service agreement involves a change in the operating provider of the transportation at a specified boundary on a regular schedule. This is usually accomplished at specific locations where equipment, drivers, or motor carriers are changed. VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 VIII. Regulatory Analyses A. 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 the 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) 17). This rule is not a major rule as defined under the Congressional Review Act (5 U.S.C. 801–808). The Agency received eighteen comments on the 2018 NPRM. None specifically addressed the regulatory analyses that were presented in the NPRM. The only substantive change made to the regulatory evaluation from the NPRM to this final rule is that the analysis time period has been updated to reflect the December 4, 2018, extension of the compliance date for the May 2015 final rule from January 1, 2019, to January 1, 2021 (83 FR 62505). Because this rule revises the regulations established in the 2015 final rule, that rule serves as the baseline against which the effects of this rule are evaluated. When the regulatory evaluation for the NPRM was performed, the compliance date for the 2015 final rule was January 1, 2019, and therefore the analysis period likewise began as of 2019. As noted, on December 4, 2018, the Agency extended the compliance date for the 2015 final rule to January 1, 2021. Therefore, the analysis period for this rule now begins as of 2021. The primary result of this change is a less than 2 percent increase in the annualized cost savings. This small increase is primarily a reflection of the slightly larger number of passenger carriers and CMV trips that experience regulatory relief in future years under the new analysis time period, consistent with the modest 17 Although the recent DOT Order 2100.6 (Policies and Procedures for Rulemakings) that was published December 20, 2018, cancels and supersedes this DOT Order 2100.5, the newer DOT Order 2100.6 specifically notes that it ‘‘does not apply to any rulemaking in which a notice of proposed rulemaking was issued before the effective date of this Order,’’ which was December 20, 2018. Therefore, because the NPRM for this final rule was published September 20, 2018 (83 FR 47764), the newer DOT Order 2100.6 does not apply and therefore is not cited here. PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 baseline annual industry growth rate projections used in the analysis. As described earlier, the rule reduces the scope of the lease and interchange requirements for motor carriers of passengers. Furthermore, those passenger carriers and passengercarrying CMV trips for which the rule remains applicable are subject to lease and interchange requirements that are reduced in comparison to those of the 2015 final rule. At the same time, FMCSA believes that the lease and interchange requirements of the rule still enable safety officials and the public to sufficiently identify the passenger carrier responsible for safety because each authorized for-hire motor carrier must conduct the transportation in its own name, under its own authority, with its owned, leased, or borrowed vehicles, and is therefore responsible for compliance with the FMCSRs. Therefore, FMCSA estimates that the rule results in a cost savings, but will not result in any change to safety benefits. The Agency estimates that the rule will result in a cost savings of $76.5 million on an undiscounted basis, $67.7 million discounted at 3 percent, and $58.5 million discounted at 7 percent over the 10-year analysis period, expressed in 2016 dollars. On an annualized basis, this equates to a 10year cost savings of $7.9 million at a 3 percent discount rate and $8.3 million at a 7 percent discount rate. Key Inputs to the Analysis The rule revises regulations established in the 2015 final rule, therefore the 2015 final rule serves as the baseline against which the effects of this rule are evaluated. Many of the key inputs to this analysis of the rule are based on the same data sources and methods as those developed and used in the evaluation of the 2015 final rule, with various updates made as needed to reflect more recently available data and information. Therefore, a copy of the regulatory evaluation for the 2015 final rule is available in the docket for this final rule, and, where applicable, the Agency cites that document in the analysis below.18 The analysis of this final rule utilizes a 10-year analysis period of 2021 to 2030, and all monetary values are expressed in 2016 dollars. 18 U.S. Department of Transportation (DOT), FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Docket ID# FMCSA–2012– 0103–0022. Available at: https:// www.regulations.gov/contentStreamer? documentId=FMCSA-2012-01030022&attachmentNumber=1&contentType=pdf (accessed June 3, 2019). E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Number of Passenger Carriers Experiencing Regulatory Relief Under the Rule The Agency estimates that an annual average of 8,366 motor carriers of passengers will experience regulatory relief under the rule, as discussed below. This represents the average over 40283 relief and are no longer subject to the lease and interchange requirements for passenger-carrying CMVs because of the rule. The remaining 25 percent of these passenger carriers will experience partial regulatory relief and remain subject to reduced lease and interchange requirements compared to those of the 2015 final rule. the 10-year analysis period of the individual annual estimates of the total number of passenger carriers experiencing regulatory relief under the rule, which are presented in Table 2. As also shown in Table 2, the Agency estimates that approximately 75 percent of this total number of passenger carriers will experience full regulatory TABLE 2—ESTIMATED NUMBER OF PASSENGER CARRIERS EXPERIENCING REGULATORY RELIEF UNDER THE RULE Passenger carriers experiencing full regulatory relief under the rule Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Passenger carriers experiencing partial regulatory relief under the rule Total passenger carriers experiencing regulatory relief under the rule (a) ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... 6,035 6,087 6,139 6,192 6,246 6,300 6,354 6,409 6,464 6,520 2,012 2,029 2,046 2,064 2,082 2,100 2,118 2,136 2,155 2,173 8,046 8,116 8,186 8,256 8,328 8,400 8,472 8,545 8,619 8,693 Annual average .................................................................................................. 6,275 2,092 8,366 Notes: (a) Values may not equal the sum of the components due to rounding. To derive the estimates presented in Table 2 of the number of passenger carriers experiencing regulatory relief under the rule, FMCSA first estimated the number of passenger carriers that, in the absence of the rule, would be affected by the lease and interchange requirements of the 2015 final rule. This estimate is based on the same data sources and methods as those developed and used in the evaluation of the 2015 final rule 19 but updated to reflect more recently available data and information. The Agency used data from the FMCSA Motor Carrier Management Information System (MCMIS) and the FMCSA Licensing and Insurance (L&I) system to develop a new baseline value for the reported number of all active interstate passenger carriers operating in the U.S. as of the end of calendar year 2017, namely 13,386 carriers.20 21 Of this total population, the Agency estimates that, in the absence of this rule, 7,774 of these passenger carriers would be subject to the May 2015 final rule. This estimate is based on the same methods as those developed and used in the evaluation of the 2015 final rule, and assumes that under that rule 100 percent of authorized for-hire carriers, 100 percent of exempt for-hire carriers, and 10 percent of private passenger carriers would be subject to the lease and interchange requirements for passenger-carrying CMVs.22 TABLE 3—REPORTED NUMBER OF ACTIVE INTERSTATE PASSENGER CARRIERS OPERATING IN THE U.S. (AS OF DECEMBER 29, 2017) AND ESTIMATED NUMBER THAT WOULD BE SUBJECT TO THE MAY 2015 FINAL RULE IN THE ABSENCE OF THE RULE Type of passenger carrier operation Total number of carriers khammond on DSKBBV9HB2PROD with RULES Authorized For-Hire (a) ........................................................................................................................ Exempt For-Hire (9+) (b) ...................................................................................................................... Exempt For-Hire (16+) (c) .................................................................................................................... Private (business) (d) ........................................................................................................................... 19 Further details regarding the specific data sources and methods can be found in U.S. DOT, FMCSA, ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 9 to 12. 20 U.S. DOT, FMCSA. Motor Carrier Management Information System (MCMIS), and Licensing and Insurance (L&I) system. Snapshots as of December VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 29, 2017 (Data Analysis and Reports Team (DART) request ID # 38883). 21 The total number of 13,386 passenger carriers as of the end of 2017 represents 11,705 unique carriers, because some carriers provide passenger service in more than one of the operation classifications shown. Consistent with the approach used in the regulatory evaluation for the May 2015 final rule, the larger number was used here to not PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 6,629 340 181 2,599 Number (and percent) estimated to be subject to the May 2015 final rule in the absence of the rule 6,629 (100% of total). 340 (100% of total). 181 (100% of total). 260 (10% of total). risk underestimating the number of affected passenger carriers and the corresponding cost of the lease and interchange requirements of the May 2015 final rule. 22 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 9 to 12. E:\FR\FM\14AUR1.SGM 14AUR1 40284 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations TABLE 3—REPORTED NUMBER OF ACTIVE INTERSTATE PASSENGER CARRIERS OPERATING IN THE U.S. (AS OF DECEMBER 29, 2017) AND ESTIMATED NUMBER THAT WOULD BE SUBJECT TO THE MAY 2015 FINAL RULE IN THE ABSENCE OF THE RULE—Continued Type of passenger carrier operation Total number of carriers Private (non-business) (e) .................................................................................................................... 3,637 Total (f) .......................................................................................................................................... 13,386 Number (and percent) estimated to be subject to the May 2015 final rule in the absence of the rule 364 (10% of total). 7,774. khammond on DSKBBV9HB2PROD with RULES Notes: (a) A commercial entity whose primary business activity is the transportation of passengers by motor vehicle for compensation. (b) A for-hire entity that is exempt under 49 U.S.C. 13506, and operates at least one passenger vehicle designed or used to accommodate 9 or more passengers including the driver. (c) A for-hire entity that is exempt under 49 U.S.C. 13506, and operates at least one passenger vehicle designed or used to accommodate 16 or more passengers including the driver. (d) A private entity engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large. (e) A private entity involved in the interstate transportation of passengers that does not otherwise meet the definition of a ‘‘private (business)’’ motor carrier of passengers as noted above. (f) The total number of 13,386 passenger carriers shown represents 11,705 unique carriers, because some carriers provide passenger service in more than one of the operation classifications shown. Consistent with the approach used in the regulatory evaluation for the May 2015 final rule, the larger number was used here to not risk underestimating the number of affected passenger carriers and the corresponding cost of the lease and interchange requirements of the May 2015 final rule. The 2017 value of 7,774 passenger carriers that would be subject to the 2015 final rule was then used as the basis to develop future projections over the 2021 to 2030 analysis period. The Agency developed these projections by increasing the baseline 2017 value of 7,774 passenger carriers consistent with the occupation-specific employment growth projections for Standard Occupational Classification (SOC) Code 53–3021 (Bus drivers, transit and intercity) obtained from the U.S Department of Labor (DOL) Bureau of Labor Statistics (BLS) Employment Projections Program which, from 2016 to 2026, is forecast to grow by 0.86 percent annually.23 This results in a projection of the number of passenger carriers that, in the absence of this rule, would be subject to the 2015 rule each year over the 2021 to 2030 analysis period. In the absence of the rule, these passenger carriers would be subject to the 2015 rule. As discussed earlier, under the rule a large portion of these passenger carriers will no longer be subject to lease and interchange requirements, and the remaining carriers will be subject to reduced requirements. In Table 2, the column on the far right shows the projected number of passenger carriers that will experience regulatory relief under the rule over the 10-year analysis period of 2021 to 2030, which equals an annual average of 8,366 passenger carriers. 23 U.S. DOL BLS. ‘‘Occupational Employment Projections. Table 1.2: Employment by detailed occupation, 2016 and projected 2026.’’ Available at: https://www.bls.gov/emp/ep_data_occupational_ data.htm (accessed June 3, 2019). VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 Table 2 also shows the subset of those 8,366 passenger carriers that under the rule will experience full regulatory relief and will no longer be subject to lease and interchange requirements. Over the 10-year analysis period, the Agency estimates that an annual average of 6,275 passenger carriers, or approximately 75 percent of the total number of carriers that will experience regulatory relief, will experience full regulatory relief. The Agency estimated this value by assuming that approximately 10 percent of authorized for-hire carriers will be subject to the lease and interchange requirements under this rule, rather than 100 percent as assumed previously under the 2015 final rule and as shown in Table 3. For exempt for-hire carriers and private passenger carriers, the analysis assumes that 100 percent and 10 percent, respectively, of these carriers will continue to be subject to the lease and interchange requirements under the rule, the same percentages as under the 2015 final rule and as shown in Table 3. Combined, these changes result in an estimated overall reduction of approximately 75 percent in the number of passenger carriers subject to lease and interchange requirements under the rule.24 This reduction is consistent with 24 As shown in Table 3, in 2017 an estimated 7,774 passenger carriers would be subject to the lease and interchange requirements of passengercarrying CMVs under the May 2015 final rule. Under this rule, as noted, the analysis assumes that only 10 percent of authorized for-hire carriers will be subject to the lease and interchange requirements of passenger-carrying CMVs, or 10 percent of 6,629, which equals 663 authorized for-hire passenger carriers. The analysis also assumes that 100 percent of exempt for-hire carriers and 10 percent of private PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 the comments and petitions for reconsideration that the Agency received, a number of which suggested that the scope of the 2015 final rule likely encompassed a relatively large proportion of passenger-carrying CMV trips in which both the lessor and the lessee were authorized carriers. Petitioners generally argued that such carriers should not be subject to lease and interchange requirements. Finally, Table 2 also presents an estimate of the remaining subset of the annual average of 8,366 passenger carriers that will experience partial regulatory relief and remain subject to reduced lease and interchange requirements compared to those of the 2015 rule. Over the 10-year analysis period, the Agency estimates that an annual average of 2,092 passenger carriers, or approximately 25 percent of the total, will experience partial regulatory relief. As noted earlier, however, these carriers will be subject to reduced requirements compared to those of the 2015 final rule. passenger carriers will continue to be subject to the lease and interchange requirements for passengercarrying CMVs under the rule, which equals 100 percent of 340 and 181 exempt for-hire carriers (totaling 521 exempt for-hire carriers), and 10 percent of 2,599 and 3,637 private carriers (totaling 624 private carriers). Therefore, the Agency estimates that 1,808 passenger carriers will be subject to the lease and interchange requirements of passenger-carrying CMVs in 2017 under this final rule, or 23.3 percent of those subject to the requirements under the 2015 final rule, which is rounded to 25 percent for purposes of developing the future projections of affected passenger carriers presented in Table 2. Therefore, as a consequence of this final rule, there will be a 75 percent reduction in the number of passenger carriers subject to lease and interchange requirements. E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Number of CMV Trips Experiencing Regulatory Relief Under the Rule The Agency estimates that an annual average of 547,034 passenger-carrying CMV trips will experience regulatory relief under the rule over the 10-year analysis period, as presented in Table 4 and discussed below. This estimate is based on the same methods as those developed and used in the evaluation of the 2015 final rule.25 The estimated number of passenger carriers that will experience regulatory relief under the rule (see Table 2) serves as the primary basis for the estimate of the number of trips that will experience regulatory relief under the rule. For each of the carriers in Table 2, the Agency assumed an estimated average of 64 trips per year would be operated with vehicles that would be considered leased or interchanged vehicles under the 2015 final rule. This is consistent with the assumptions used in the regulatory evaluation for the 2015 final rule.26 The estimated number of trips that will experience regulatory relief under the rule (see Table 4) also incorporates a modest upward adjustment to reflect an annual average of 11,400 trips operated by Greyhound, one of the largest U.S. interstate passenger carriers. This adjustment is consistent with the 40285 methods used in the evaluation of the 2015 final rule,27 and is based on data that Greyhound provided to FMCSA regarding trips with leased and interchanged vehicles in 2012.28 The Agency estimates that approximately 75 percent of these passenger-carrying CMV trips will experience full regulatory relief and will no longer be subject to the lease and interchange requirements of the 2015 final rule. The remaining 25 percent of these trips will experience partial regulatory relief and remain subject to reduced lease and interchange requirements compared to those of the 2015 final rule. TABLE 4—ESTIMATED NUMBER OF PASSENGER-CARRYING CMV TRIPS EXPERIENCING REGULATORY RELIEF UNDER THE RULE Passengercarrying CMV trips experiencing full regulatory relief under the rule Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Passengercarrying CMV trips experiencing partial regulatory relief under the rule Total CMV trips experiencing regulatory relief under the rule (a) ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... 394,583 397,990 401,427 404,894 408,391 411,918 415,475 419,063 422,682 426,332 131,528 132,663 133,809 134,965 136,130 137,306 138,492 139,688 140,894 142,111 526,111 530,654 535,237 539,859 544,521 549,224 553,967 558,751 563,576 568,443 Annual average .................................................................................................. 410,276 136,759 547,034 Notes: (a) Values may not equal the sum of the components due to rounding. The opportunity cost of the time employees of passenger carriers spend complying with the lease and interchange requirements represents approximately 95 percent of the total cost of the 2015 final rule. The cost savings from this rule are likewise heavily influenced by aggregate changes in the opportunity cost of employee time. The Agency evaluates changes in employee opportunity cost by using their labor costs. Labor costs comprise wages, fringe benefits, and overhead. Fringe benefits include paid leave, bonuses and overtime pay, health and other types of insurance, retirement plans, and legally required benefits (Social Security, Medicare, unemployment insurance, and workers’ compensation insurance). Overhead includes any expenses to a firm associated with labor that are not part of employees’ compensation, and typically includes many types of fixed costs of managing a body of employees, such as management and human resource staff salaries or payroll services. The economic costs of labor to a firm, in this case a passenger carrier, include all forms of compensation and labor related expenses. For this regulatory evaluation, the costs of labor to the firm are calculated to include base wages and fringe benefits, plus overhead. For the regulatory evaluation of both the 2015 final rule and this rule, the median hourly base wage rate for the BLS SOC code 53–1031, ‘‘First-Line Supervisors of Transportation and Material-Moving Machine and Vehicle Operators,’’ is used as the basis for calculating the relevant cost of labor. For 2016, BLS reports an hourly base 25 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Page 21, Table 6. 26 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Page 21, Table 6. 27 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 12 to 13. 28 ‘‘Lease and Interchange of Vehicles; Motor Carriers of Passengers. NPRM.’’ September 20, 2013. Comments of Greyhound Lines, Inc., Docket ID number FMCSA–2012–0103–0010. Page 2. November 12, 2013. Available at: https:// www.regulations.gov/contentStreamer? documentId=FMCSA-2012-0103-0010&attachment Number=1&contentType=pdf (accessed June 3, 2019). Greyhound reported 10,263 passengercarrying CMV trips performed in 2012 by vehicles leased and interchanged. This 2012 value was then adjusted to reflect observed industry growth from 2012 to 2016 as represented by growth in employment for SOC Code 53–3021 (Bus drivers, transit and intercity), and then further adjusted to reflect employment growth projections for SOC Code 53–3021 (Bus drivers, transit and intercity). khammond on DSKBBV9HB2PROD with RULES Other Key Inputs to the Analysis VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 40286 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations wage rate of $27.54 for this occupation.29 BLS does not publish data on fringe benefits for specific occupations, but it does do so for broad industry groups in its Employer Costs for Employee Compensation (ECEC) publication. A fringe benefit rate of 57 percent (i.e., equal to 57 percent of the base wage rate) is used. This is based on information from the June 2016 BLS ECEC data, which for the ‘‘Transportation and warehousing’’ segment of private industry reports a benefits cost of $14.09 per hour worked, which represents 57 percent of wages and salaries in that industry segment of $24.73 per hour.30 Finally, for estimating overhead rates, the Agency used industry data gathered for the Truck Costing Model developed by the Upper Great Plains Transportation Institute, North Dakota State University.31 Research conducted for this model found an average cost of $0.107 per mile of CMV operation for management and overhead, and $0.39 per mile for labor, indicating an overhead rate of 27 percent (27% = $0.107 ÷ $0.39 (rounded to the nearest whole percent)). Combined, the overall relevant cost of labor, including base wage rate, fringe benefits, and overhead, for passenger carriers that will experience regulatory relief under the rule is $54.91 per hour. khammond on DSKBBV9HB2PROD with RULES Costs The rule will not result in any increase in costs. It revises the 2015 final rule, which serves as the baseline against which the effects of this rule are evaluated. Absent this rule, the Agency estimates that the baseline costs of the 2015 final rule over the 10-year analysis period of 2021 to 2030 would be $10.6 million on an annualized basis at a 7 percent discount rate, expressed in 2016 dollars.32 As noted earlier, the Agency 29 U.S. DOL BLS. ‘‘Occupational Employment Statistics (OES). National.’’ May 2016. March 31, 2017. Available at: https://www.bls.gov/oes/ special.requests/oesm16nat.zip (accessed June 3, 2019). The May 2017 BLS OES published in March 2018 did not report data for this BLS SOC code 53– 1031. Therefore, the May 2016 data used in the analysis for the NPRM is used again here in the analysis for this final rule. 30 U.S. DOL BLS. ‘‘Table 10: Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, by industry group, June 2016.’’ Available at: https://www.bls.gov/news.release/archives/ecec_ 09082016.pdf (accessed June 3, 2019). 31 Berwick, Farooq. ‘‘Truck Costing Model for Transportation Managers.’’ North Dakota State University. Upper Great Plains Transportation Institute. August 2003. Appendix A, pp. 42–47. Available at: https://www.mountain-plains.org/pubs/ pdf/MPC03-152.pdf (accessed June 3, 2019). 32 This annualized cost estimate of $10.6 million differs somewhat from the value of $8.0 million that VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 estimates that the rule will result in a cost savings of $8.3 million at a 7 percent discount rate relative to the 2015 baseline, representing a 79 percent overall reduction in cost. The estimated reduction of approximately 75 percent in the number of passenger carriers and CMV trips under the rule is responsible for most of the annualized cost savings. The remaining cost savings are the result of reduced requirements for those approximately 25 percent of passenger carriers and CMV trips that will remain subject to the lease and interchange rules. Under both the 2015 rule and this rule, costs are organized into six major categories. Five are related to the requirements under § 390.303 of the 2015 rule, and include: One-time costs of lease negotiation; lease documentation costs; lease copying costs; lease receipt costs; and vehicle marking costs. The sixth cost category is related to the charter party notification requirement under § 390.305 of the 2015 rule. One-time costs of lease negotiation under this rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, the time expended by employees in negotiating the lease and developing the lease document, and the total labor cost of these employees. The number of trips that will experience regulatory relief under the rule for this cost category are the trips that will no longer be subject to the lease and interchange requirements. As presented earlier in Table 4, the Agency estimates that an annual average of 410,276 passengercarrying CMV trips will no longer be subject to the lease and interchange requirements. Consistent with the approach used in the 2015 regulatory evaluation, for each of these trips it is assumed that 30 minutes of employee time is saved, for both the lessor and the lessee, for a total time savings of one hour for each such trip.33 This savings is valued at the total labor cost of $54.91 per hour, described earlier. The resulting savings in one-time costs of lease negotiation under the rule will be $21.7 million on an undiscounted basis over the 10-year analysis period, and was presented in the regulatory evaluation for the 2015 final rule primarily due to various real and nominal updates made to reflect more recently available data and information, as well as the different time frames covered by the 10-year analysis period for each respective analysis (previously 2017 to 2026, and now 2021 to 2030). 33 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 16 to 17. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 $2.9 million on an annualized basis at a 7 percent discount rate. For the remaining passenger carriers and passenger-carrying CMV trips that are still subject to the leasing and interchange requirements, the provision in § 390.303(b)(5), that the lease contain a statement that the lessee is responsible for compliance with the insurance requirements of 49 CFR part 387, is removed. Although in theory this change may result in a modest incremental reduction in the amount of time passenger carrier employees expend in negotiating the lease and developing the lease document for carriers still subject to the leasing and interchange requirements, there is no empirical basis upon which to estimate such a possible impact. Therefore, the Agency has chosen not to make any such incremental reduction in its analysis. Also, not quantifying such a potential impact is a conservative approach that helps to avoid overestimating the cost savings of the rule. Lease documentation costs under the rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, the time spent by carrier employees verifying the information and signing the lease, and the total labor cost of these employees. The number of trips that will experience regulatory relief under the rule for this cost category are the same as above, an annual average of 410,276 trips that will no longer be subject to the lease and interchange requirements. Consistent with the 2015 regulatory evaluation, for each trip that will experience regulatory relief under the rule for this cost category this analysis assumes that both the lessor and the lessee save 5 minutes of employee time, for a total savings of 10 minutes for each such trip.34 This is valued at the total labor cost of $54.91 per hour. The resulting savings in lease documentation costs under the rule will be $37.6 million on an undiscounted basis over the 10-year analysis period, and $3.7 million on an annualized basis at a 7 percent discount rate. Lease copying cost savings under the rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, and an estimated cost per copy. The number of trips that will experience regulatory relief under the rule for this cost category are the same as above, an annual average of 410,276 34 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Page 17. E:\FR\FM\14AUR1.SGM 14AUR1 40287 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations such trips. As in the 2015 regulatory evaluation, it assumed that for each trip one copy of the lease is made for the lessor and another for the lessee, each at a cost of $0.15, for a total cost of $0.30 per trip.35 The resulting lease copying cost savings under the rule will be $1.2 million on an undiscounted basis over the 10-year analysis period, and $0.123 million on an annualized basis at a 7 percent discount rate. The remaining three cost categories (lease receipts, vehicle marking, and charter party notification) will be eliminated for all passenger carriers and passenger-carrying trips, including those that would still be subject to the lease and interchange requirements under the rule. Lease receipt cost savings under the rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, with two receipts assumed per trip (one for obtaining, the other for surrendering, the vehicle), and both the lessor and lessee requiring copies of each, for a total of four receipts per trip. Because the rule will remove the receipt provision in its entirety, the cost savings will apply to all trips listed in Table 4, an annual average of 547,034 trips. Consistent with the 2015 regulatory evaluation, each receipt is assumed to cost $0.15, with four receipts required for a total of $0.60 per trip.36 The resulting lease receipt cost savings under the rule will be $3.3 million on an undiscounted basis over the 10-year analysis period, and $0.327 million on an annualized basis at a 7 percent discount rate. Vehicle marking cost savings under the rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, and marking costs per vehicle that include two sheets of letter size paper per trip at $0.014 per sheet, plus $0.04 for adhesive tape. Because the rule will remove the marking provision in its entirety, the cost savings will apply to all trips listed in Table 4, an annual average of 547,034 trips. The resulting vehicle marking cost savings under the rule will be $0.361 million on an undiscounted basis over the 10-year analysis period, and $0.036 million on an annualized basis at a 7 percent discount rate. Charter party notification cost savings under the rule are calculated based on the number of CMV trips that will experience regulatory relief under the rule for this cost category, and an estimated expenditure by passenger carrier employees of 5 minutes per notification.37 Because the rule will remove the notification provision in its entirety, the resulting cost savings will apply to all trips in which notification would otherwise have been necessary, which are assumed to be 50 percent of the total annual average of 547,034 passenger-carrying CMV trips listed in Table 4.38 The resulting savings in charter party notification costs under the rule will be $12.4 million on an undiscounted basis over the 10-year analysis period, and $1.23 million on an annualized basis at a 7 percent discount rate. In summary, and as presented in Table 5, the Agency estimates that the rule will result in a cost savings of $76.5 million on an undiscounted basis, $67.7 million discounted at 3 percent, and $58.5 million discounted at 7 percent over the 10-year analysis period, expressed in 2016 dollars. On an annualized basis, this equates to a 10year cost savings of $7.9 million at a 3 percent discount rate and $8.3 million at a 7 percent discount rate. TABLE 5—TOTAL COST OF THE RULE [In thousands of 2016] Undiscounted Discounted Lease and interchange costs Year Lease negotiation costs (a) khammond on DSKBBV9HB2PROD with RULES 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Lease documentation, copying, and lease receipt costs Charter party notification costs Vehicle marking costs Total cost (b) Discounted at 3% Discounted at 7% ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ........................... ($21,667) 0 0 0 0 0 0 0 0 0 ($4,045) (4,079) (4,115) (4,151) (4,188) (4,224) (4,259) (4,296) (4,333) (4,371) ($35) (35) (35) (36) (36) (36) (37) (37) (37) (38) ($1,189) (1,199) (1,210) (1,220) (1,231) (1,241) (1,252) (1,263) (1,274) (1,285) ($26,936) (5,315) (5,360) (5,407) (5,453) (5,500) (5,548) (5,596) (5,644) (5,693) ($26,152) (5,009) (4,906) (4,804) (4,704) (4,607) (4,511) (4,417) (4,326) (4,236) ($25,174) (4,642) (4,376) (4,125) (3,888) (3,665) (3,455) (3,257) (3,070) (2,894) Total .................... Annualized ................. (21,667) ........................ (42,061) .......................... (361) ........................ (12,363) ........................ (76,453) (7,645) (67,672) (7,933) (58,546) (8,336) Notes: (a) Values shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings. (b) Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded components.) 35 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Page 17. 36 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of VerDate Sep<11>2014 18:05 Aug 13, 2019 Jkt 247001 Passengers. Regulatory Evaluation.’’ May 2015. Pages 17 to 18. 37 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 24 to 26. PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 38 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Pages 24 to 26. E:\FR\FM\14AUR1.SGM 14AUR1 40288 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Benefits B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, was issued on January 30, 2017 (82 FR 9339, Feb. 3, 2017). E.O. 13771 requires that for every one new regulation issued by an Agency, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.41 Final implementation guidance addressing the requirements of E.O. 13771 was issued by the Office of Management and Budget (OMB) on April 5, 2017.42 The OMB guidance defines what is an E.O. 13771 regulatory action and what is an E.O. 13771 deregulatory action, provides procedures for how agencies should account for the costs and cost savings of such actions, and outlines various other details regarding implementation of E.O. 13771. This final rule has total costs less than zero, and is therefore an E.O. 13771 deregulatory action.43 The present value of the cost savings of this rule, measured on an infinite time horizon at a 7 percent discount rate, expressed in 2016 dollars, and discounted to 2021 (the year that cost savings would first be realized), is $104.4 million. On an annualized basis, these cost savings are $7.3 million. For the purpose of E.O. 13771 accounting, the April 5, 2017, OMB guidance requires that agencies also calculate the costs and cost savings discounted to year 2016.44 In accordance with this requirement, the present value of the cost savings of this rule, measured on an infinite time horizon at a 7 percent discount rate, expressed in 2016 dollars, and discounted to 2016, is $74.4 million. On an annualized basis, these cost savings are $5.2 million. khammond on DSKBBV9HB2PROD with RULES The regulatory evaluation for the 2015 final rule attempted to estimate the potential safety benefits of lease and interchange requirements,39 but there were insufficient data and empirical evidence to demonstrate a measurable quantitative relationship between lease and interchange requirements and improved safety outcomes, such as reduced frequency and/or severity of crashes or reduced frequency of violations. Therefore, FMCSA followed the guidance of the Office of Management and Budget (OMB) in its Circular A–4 and performed a threshold analysis.40 Also referred to as a breakeven analysis, a threshold analysis attempts to determine the amount of safety benefits (e.g., reduced crashes and corresponding reductions in fatalities, injuries, and property damage) that would need to occur as a consequence of a rule in order for the rule to yield zero net benefits (i.e., for the benefits of the rule to equal, or exactly to offset, the estimated costs of the rule). The problem of insufficient data and empirical evidence noted in 2015 is still present today. Unlike regulations dealing with vehicle equipment or driver behaviors that can be clearly linked to reduced crashes and improved safety, both the 2015 final rule and this rule affect safety less directly and immediately. Lease and interchange requirements for motor carriers of passengers improve the ability of the Agency to attribute the inspection, compliance, enforcement, and safety data collected by the Agency and its State partners to the correct motor carrier and driver, allowing FMCSA to more accurately identify unsafe carriers and initiate appropriate interventions. FMCSA believes that this rule will be a less costly and burdensome regulatory approach than the 2015 final rule, yet will still enable safety officials and the public to sufficiently identify the passenger carrier responsible for safety because each authorized for-hire motor carrier must conduct the transportation in its own name, under its own authority, with its owned, leased, or borrowed vehicles, and is therefore responsible for compliance with the FMCSRs. Therefore, the Agency does not anticipate any change to safety benefits because of the rule. 39 U.S. DOT, FMCSA. ‘‘Final Rule. Lease and Interchange of Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.’’ May 2015. Page 35 to 36. 40 OMB. ‘‘Circular A–4. Regulatory Analysis.’’ September 17, 2003. Available at: https:// www.whitehouse.gov/sites/whitehouse.gov/files/ omb/circulars/A4/a-4.pdf (accessed June 3, 2019). VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 41 Executive Office of the President. ‘‘Executive Order 13771 of January 30, 2017. Reducing Regulation and Controlling Regulatory Costs.’’ 82 FR 9339. Feb. 3, 2017. Section 1 (Purpose). 42 Executive Office of the President. Office of Management and Budget. ‘‘Memorandum M–17–21. Guidance Implementing Executive Order 13771.’’ April 5, 2017. 43 Executive Office of the President. Office of Management and Budget. ‘‘Memorandum M–17–21. Guidance Implementing Executive Order 13771.’’ April 5, 2017. Q4 on page 4. 44 Executive Office of the President. Office of Management and Budget. ‘‘Memorandum M–17–21. Guidance Implementing Executive Order 13771.’’ April 5, 2017. Q25 on page 11. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 (SBREFA) (Pub. L. 104–121, 110 Stat. 857), requires Federal agencies to consider the impact of their regulatory proposals on small entities, analyze effective alternatives that minimize small entity impacts, and make their analyses available for public comment. The term ‘‘small entities’’ means small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000.45 Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these entities. Section 605 of the RFA allows an Agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. In the 2018 NPRM, in lieu of preparing an Initial Regulatory Flexibility Analysis under section 603(a) of the RFA to assess the impact of the rule, FMCSA performed a certification analysis under section 605(b) of the RFA. The threshold economic analysis that was performed determined that, although the rule will have an impact on a substantial number of small entities, the impact on these small entities will not be significant, and furthermore will be entirely beneficial. Therefore, FMCSA certified that the rule will not have a significant economic impact on a substantial number of small entities. The Agency received eighteen comments on the 2018 NPRM, eight of which were from motor carriers of passengers that are classified as small entities.46 All eight of these small entities expressed support for the 2018 NPRM. None of them, nor any of the other submissions received to the 2018 NPRM, specifically commented on the certification or its underlying threshold economic analysis that were presented in the NPRM. The Chief Counsel for Advocacy of the Small Business 45 Regulatory Flexibility Act, Public Law 96–354, 94 Stat. 1164 (codified at 5 U.S.C. 601 et seq.). 46 The eight motor carriers of passengers classified as small entities that submitted comments to the 2018 NPRM include Adirondack Trailways, Annett Bus Lines, Southern Tier Stages, Inc., Plymouth & Brockton Street Railway Company, DeCamp Bus Lines, Burlington Trailways, Pacific Coachways Charter Services, Inc., and Thielen Bus Lines (the comment from Thielen Bus Lines (Docket ID# FMCSA–2012–0103–0162) was also submitted in representation of the more than 30 other passenger carriers that comprise the membership of the Minnesota Charter Bus Operators Association (MCBOA)). E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Administration did not file comments in response to the proposed rule. As noted earlier in the Regulatory Analyses section, the only substantive change made to the regulatory evaluation from the NPRM to this final rule is that the analysis time period has been updated to reflect the December 4, 2018, extension of the compliance date for the May 2015 final rule from January 1, 2019, to January 1, 2021 (83 FR 62505). Because this rule revises the regulations established in the 2015 final rule, the 2015 final rule serves as the baseline against which the effects of this rule are evaluated. Therefore, the analysis period for this rule now begins as of 2021. As noted earlier in the Regulatory Analyses section, the primary result of this change in the analysis time period is a less than 2 percent increase in the annualized cost savings from this rule. This result has no substantive impact upon the certification or its underlying threshold economic analysis that were presented in the NPRM. Therefore, as also determined in the 2018 NPRM, although FMCSA determines that this rule will have an impact on a substantial number of small entities, the Agency determines that the impact on these small entities will not be significant. Therefore, there is no change to the Agency’s certification that this final rule will not have a significant economic impact on a substantial number of small entities. The threshold economic analysis is presented again below, now incorporating modest revisions where necessary resulting from the change in the analysis period, to again clearly demonstrate the Agency’s reasoning and assumptions underlying its certification. This rule will not result in any increase in costs or any increase in burden. The rule will reduce the applicability of the lease and interchange requirements for motor carriers of passengers, resulting in a substantial reduction in the number of entities that will be subject to these requirements, and a commensurate reduction in costs and burden experienced by these entities. Furthermore, for those motor carriers of passengers that will continue to be subject to the lease and interchange requirements under the rule, the requirements will be reduced in comparison to the existing requirements. This will also result in a reduction in costs and burden experienced by these entities. The regulated entities that will experience regulatory relief under this rule include all the passenger carriers that are subject to the existing lease and interchange requirements. Approximately 75 percent of this total number of passenger carriers will experience full regulatory relief, and will no longer be subject to lease and interchange requirements. The remaining 25 percent of these passenger carriers will experience partial regulatory relief and remain subject to reduced lease and interchange requirements compared to those of the 2015 final rule. As presented earlier in Table 3 of the Regulatory Analyses section, as of 2017 40289 there were an estimated 7,774 passenger carriers subject to the existing lease and interchange requirements, representing approximately 58 percent of all active interstate passenger carriers. As presented in Table 2, this population of passenger carriers is projected to increase slightly, due to general baseline industry growth, to 8,046 passenger carriers in 2021, the first year that the rule is anticipated to be in effect. Therefore, the Agency estimates that 8,046 passenger carriers will experience regulatory relief under the rule. The number of these 8,046 passenger carriers that are small entities is not directly known by FMCSA, and is therefore estimated below. The U.S. Small Business Administration (SBA) defines the size standards used to classify entities as small. SBA establishes separate standards for each industry, as defined by the North American Industry Classification System (NAICS).47 The Agency estimates that the passenger carriers that will experience regulatory relief under the rule will be in industries within Subsector 485 (Transit and Ground Passenger Transportation). All eleven 6-digit NAICS industries within Subsector 485 have an SBA size standard based on annual revenue of $15.0 million. Three of the eleven 6digit NAICS industries within Subsector 485 are likely to encompass most of the passenger carriers that will experience regulatory relief under the rule, and details regarding the SBA size standards for those three industries are presented in Table 6. TABLE 6—SBA SIZE STANDARDS FOR SELECTED INDUSTRIES (a) SBA size standard (annual revenue in millions of dollars) NAICS code NAICS industry description 485113 .............................................. 485210 .............................................. 485510 .............................................. Bus and Other Motor Vehicle Transit Systems ......................................... Interurban and Rural Bus Transportation .................................................. Charter Bus Industry .................................................................................. $15.0 15.0 15.0 SBA size standard (number of employees) (none). (none). (none). khammond on DSKBBV9HB2PROD with RULES Notes: (a) U.S. Small Business Administration (SBA). ‘‘Table of Small Business Size Standards.’’ October 1, 2017. Available at: https://www.sba.gov/ sites/default/files/files/Size_Standards_Table_2017.xlsx (accessed June 3, 2019). 47 OMB. ‘‘North American Industry Classification System.’’ 2017. Available at: https:// VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 www.census.gov/eos/www/naics/2017NAICS/2017_ NAICS_Manual.pdf (accessed June 3, 2019). PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 40290 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES Data regarding the annual revenue earned by the estimated 8,046 passenger carriers that will experience regulatory relief under the rule is not collected by FMCSA and is not otherwise available from other sources. Therefore, the SBA size standard of $15.0 million in annual revenue cannot be directly applied to determine how many of these passenger carriers are small entities. FMCSA does, however, collect information regarding the number of passenger-carrying vehicles operated by these carriers. As of the end of 2017, of the active interstate passenger carriers operating in the U.S. as presented earlier in Table 3, approximately 81 percent operated six or fewer passenger vehicles, and approximately 93 percent operated 19 or fewer passenger vehicles.48 We estimate that in the passenger carrier industry, the average annual revenue earned per motorcoach is approximately $200,000.49 50 51 This means that the SBA size standard of $15.0 million in annual revenue equates to a carrier size of 75 passenger vehicles. Therefore, carriers operating 75 passenger vehicles or fewer are classified as small, consistent with the SBA size standard of $15.0 million. As of the end of 2017, of the active interstate passenger carriers operating in the U.S. as presented 48 U.S. DOT, FMCSA. Motor Carrier Management Information System (MCMIS), and Licensing and Insurance (L&I) system. Snapshots as of December 29, 2017 (DART request ID # 38883). 49 The information available regarding revenue for the passenger carrier industry is limited. The American Bus Associated reported that for 2004, revenue per motorcoach was approximately $160,000. Inflated from 2004 dollars to 2016 dollars using either the CPI–U or the Implicit Price Deflator for GDP, this value becomes approximately $200,000 per vehicle. 50 American Bus Association (ABA). ‘‘Motorcoach Census 2005.’’ September 2006. Page 19, Table 3– 5 (Carrier Revenue per Motorcoach, Averages, 2004). Available at: https://www.iru.org/apps/cmsfilesystem-action?file=events_2007_busandcoach/ Motorcoach%20Census%202005%2009-2120061.pdf (accessed June 3, 2019). 51 Greyhound, one of the largest interstate passenger carriers operating in the U.S., reported total revenue for 2017 of $894 million, with 78 percent of that total, or $697 million, being passenger revenue. With a fleet size reported to consist of 1,600 buses for the same year, this equals an average passenger revenue per motorcoach of $435,000. We believe that substantially higher levels of per vehicle revenue such as this are not representative of the smaller passenger carriers that make up most of the industry, and therefore the lesser estimate of $200,000 revenue per motorcoach described above was used here so as not to risk underestimating the number of small entities in the passenger carrier industry when used to compare against the SBA size standard of $15.0 million in annual revenue. Greyhound data is from ‘‘FirstGroup plc, Annual Report and Accounts, 2017’’, pages 18–19, available at https:// www.firstgroupplc.com/∼/media/Files/F/FirstgroupPlc/indexed-pdfs/2017%20ARA/ 2017%20FirstGroup%20plc%20Annual %20Report%20and%20Accounts.pdf (accessed June 3, 2019). VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 earlier in Table 3, approximately 98 percent operated 75 or fewer passenger vehicles. The Agency does not believe that the rule will disproportionately apply to either larger or smaller passenger carriers, and we therefore estimate that a similar 98 percent of the 8,046 passenger carriers that will experience regulatory relief under the rule, or approximately 7,885 passenger carriers, will be small entities. Therefore, as also determined in the 2018 NPRM, this rule will have an impact on a substantial number of small entities. Although FMCSA has determined that this rule will have an impact on a substantial number of small entities, the Agency has determined that the impact on the small entities that will experience regulatory relief under the rule will not be significant. The rule will not result in any increase in costs or any increase in burden for passenger carriers that are small entities. The effect of the rule will be a reduction in costs and burden, and will be entirely beneficial to the passenger carriers that are small entities. As discussed in the Regulatory Analyses section, the Agency estimates that the rule will result in a total cost savings of $76.5 million on an undiscounted basis over the 10-year analysis period used for the regulatory evaluation, or $7.65 million on an annualized basis, expressed in 2016 dollars. As presented in Table 2, an annual average of approximately 8,366 passenger carriers will experience regulatory relief under the rule over the same 10-year analysis period, 98 percent of which are estimated to be small entities. The annual average cost savings per small carrier will therefore be at most $914 (potentially even somewhat less, given that approximately 2 percent of passenger carriers that will experience regulatory relief under the rule are not small entities and therefore may represent a disproportionately larger share of the overall absolute cost savings because of the larger scale of their operations). For even the smallest of the small entities, those operating only one passenger vehicle, this $914 in annual savings represents only about one half of one percent of the estimated total annual revenues of $200,000 for a carrier with just one motorcoach. Therefore, as also determined in the 2018 NPRM, although FMCSA has determined that this rule will have an impact on a substantial number of small entities, the Agency has also determined that the impact on these small entities will not be significant, and furthermore will be entirely beneficial. Accordingly, pursuant to section 605(b) of the Regulatory Flexibility Act, PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 5 U.S.C. 605(b), I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities. 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 final rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rule will 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, Ms. 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 Small Business Administration’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). The DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights.52 E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. The Act requires agencies to prepare a comprehensive written statement for any final rule that may 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 equivalent of $100 million in 1995, adjusted for inflation to 2017 levels) or more in any one year. Because this rule does not result in such an expenditure, a written statement is not required. However, the Agency does discuss the costs and benefits of this rule elsewhere in this preamble. 52 U.S. DOT. ‘‘The Rights of Small Entities To Enforcement Fairness and Policy Against Retaliation.’’ Available at: https:// www.transportation.gov/sites/dot.gov/files/docs/ SBREFAnotice2.pdf (accessed June 3, 2019). E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations F. Paperwork Reduction Act This final rule amends two OMBapproved information collections under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), OMB Control No. 2126–0054, ‘‘Commercial Motor Vehicle Marking Requirements,’’ and OMB Control No. 2126–0056, ‘‘Lease and Interchange of Vehicles.’’ As defined in 5 CFR 1320.3(c), ‘‘collection of information’’ includes reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The title and description of the information collections, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection. khammond on DSKBBV9HB2PROD with RULES OMB Control No. 2126–0054 (Commercial Motor Vehicle Marking Requirements) The Agency’s CMV marking regulations require freight-carrying commercial motor carriers, passengercarrying commercial motor carriers, and intermodal equipment providers to display the USDOT number and the legal name or a single trade name of the carrier or intermodal equipment provider on their vehicles. The USDOT number is used to identify all motor carriers in FMCSA’s registration and information systems. It is also used by States as the key identifier in the Performance and Registration Information Systems Management (PRISM) system, a cooperative Federal/ State program that makes motor carrier safety a requirement for obtaining and maintaining CMV registration and privileges. Vehicle marking requirements are intended to ensure that FMCSA, NTSB, and State safety officials can identify motor carriers and correctly assign responsibility for regulatory violations during inspections, investigations, compliance reviews, and crash studies. These marking requirements also provide the public with beneficial information that could assist in identifying carriers for the purposes of commerce, complaints, or emergency notification. The final rule will eliminate the existing requirement under 49 CFR 390.303(f) for the temporary marking of leased commercial passenger vehicles. The final rule will therefore amend the OMB-approved information collection titled ‘‘Commercial Motor Vehicle Marking Requirements,’’ OMB No. 2126–0054. In the currently approved VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 information collection, the temporary marking of leased passenger-carrying CMVs was assumed to have de minimis time burden, and therefore no separate time burden was estimated for that element of the passenger-carrying CMV marking requirements. Because of this, in the revision to this information collection, there is no change in time burden due to program change, and the estimated changes in time burden from the currently approved information collection are due to adjustments related to factors such as revised estimates of the population of passenger-carrying motor carriers and industry growth rate. There is a small reduction in the annual cost burden, however, related to the elimination of the cost of materials (paper and adhesive tape) estimated to be used for the temporary vehicle markings that are to be eliminated. Title: Commercial Motor Vehicle Marking Requirements OMB Control Number: 2126–0054 Summary of the Collection of Information: Under the information collection, freight-carrying commercial motor carriers, passenger-carrying commercial motor carriers, and intermodal equipment providers mark their vehicles to display the USDOT number and the legal name or a single trade name of the carrier or intermodal equipment provider. This vehicle marking occurs when a new vehicle is purchased, when a used vehicle is purchased and requires re-marking, and when a vehicle is retained by the owner but the existing label reaches the end of its useful life. Need for Information: Vehicle marking requirements are needed to ensure that FMCSA, the NTSB, and State safety officials can identify motor carriers and correctly assign responsibility for regulatory violations during inspections, investigations, compliance reviews, and crash studies. These marking requirements also provide the public with beneficial information that could assist in identifying carriers for the purposes of commerce, complaints, or emergency notification. Proposed Use of Information: The USDOT number is used to identify all motor carriers in FMCSA’s registration and information systems, is used as the key identifier in the PRISM system, and is used by the public to assist in identifying carriers for the purposes of commerce, complaints, or emergency notification. Description of the Respondents: Freight-carrying commercial motor carriers, passenger-carrying commercial motor carriers, and intermodal equipment providers. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 40291 Number of Respondents: IC–1 (freight carriers) number of respondents: 317,041 IC–2 (passenger carriers) number of respondents: 7,816 IC–3 (intermodal equipment providers) number of respondents: 11 Total number of respondents: 324,868 Frequency of Response: IC–1 (freight carriers) frequency of response: 7.9 responses per year, per respondent. IC–2 (passenger carriers) frequency of response: 20.4 responses per year, per respondent. IC–3 (intermodal equipment providers) frequency of response: 3,962 responses per year, per respondent. Overall average frequency of response: 8.3 responses per year, per respondent Burden per Response: IC–1 (freight carriers) burden per response: 0.43 hours IC–2 (passenger carriers) burden per response: 0.43 hours IC–3 (intermodal equipment providers) burden per response: 0.43 hours Overall average burden per response: 0.43 hours Estimate of Total Annual Burden: IC–1 (freight carriers) burden: 1,085,658 hours IC–2 (passenger carriers) burden: 69,151 hours IC–3 (intermodal equipment providers) burden: 18,886 hours Total annual burden: 1,173,695 hours OMB Control No. 2126–0056 (Lease and Interchange of Vehicles) The Agency’s lease and interchange of vehicles regulations ensure that truck and bus carriers are identified (and in some cases protected) when they agree to lease their equipment and drivers to other carriers. These regulations also ensure that the government and members of the public can determine who is responsible for a CMV. Prior to these regulations, some equipment was leased without written agreements, leading to disputes and confusion over which party to the lease was responsible for charges and actions and, at times, who was legally responsible for the vehicle. These recordkeeping requirements enable the public and investigators to identify the passenger carrier responsible for safety, and ensure that FMCSA, our State partners, and the NTSB are better able to identify the responsible motor carrier and therefore correctly assign regulatory violations to the appropriate carrier during inspections, investigations, compliance reviews, and crash studies. The final rule reduces the scope of the lease and interchange requirements for E:\FR\FM\14AUR1.SGM 14AUR1 khammond on DSKBBV9HB2PROD with RULES 40292 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations motor carriers of passengers. Furthermore, those passenger carriers and passenger-carrying CMV trips for which lease and interchange requirements remain applicable are subject to reduced requirements. The applicability of the existing lease and interchange requirements for motor carriers of passengers under 49 CFR 390.301 are revised and moved to § 390.401, resulting in a substantial reduction of approximately 75 percent in the number of passenger carriers and passenger-carrying CMV trips that will be subject to the lease and interchange requirement for motor carriers of passengers. For those motor carriers of passengers that remain subject to lease and interchange requirements, the existing requirements under 49 CFR 390.303(e) for lease receipt copies will be eliminated, and the existing requirements under 49 CFR 390.305 for charter party notification will also be eliminated. The final rule therefore amends the OMB-approved information collection titled ‘‘Lease and Interchange of Vehicles,’’ OMB No. 2126–0056. In the revision to this information collection, there is substantial reduction in time burden due to program change from the currently approved information collection because of the rule. Title: Lease and Interchange of Vehicles OMB Control Number: 2126–0056 Summary of the Collection of Information: Under the information collection, freight-carrying commercial motor carriers and passenger-carrying commercial motor carriers negotiate leases, prepare and sign lease documents, and produce copies of lease documents. Need for Information: The Agency’s lease and interchange of vehicles regulations ensure that truck and bus carriers are identified (and in some cases protected) when they agree to lease their equipment and drivers to other carriers. These regulations also ensure that the government and members of the public can determine who is responsible for a CMV. These recordkeeping requirements enable the public and investigators to identify the passenger carrier responsible for safety. Proposed Use of Information: The government generally collects little information with this ICR. The leases and other agreements are developed and held by the lessor (e.g., those granting use of equipment) and lessee (e.g., party acquiring equipment). They are used to assign duties and responsibilities. The information may also be used by law enforcement to determine legal responsibility if a leased vehicle is in VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 violation of the regulations or is involved in a crash. Description of the Respondents: Freight-carrying commercial motor carriers, and passenger-carrying commercial motor carriers. Number of Respondents: IC–1 (property-carrying CMVs) number of respondents: 36,001 IC–2 (passenger-carrying CMVs) number of respondents: 6,729 Total number of respondents: 42,730 Frequency of Response: IC–1 (property-carrying CMVs) frequency of response: 19.9 responses per year, per respondent. IC–2 (passenger-carrying CMVs) frequency of response: 65.4 responses per year, per respondent. Overall average frequency of response: 27.1 responses per year, per respondent Burden per Response: IC–1 (property-carrying CMVs) burden per response: 0.11 hours IC–2 (passenger-carrying CMVs) burden per response: 0.13 hours Overall average burden per response: 0.12 hours Estimate of Total Annual Burden: IC–1 (property-carrying CMVs) burden: 77,767 hours IC–2 (passenger-carrying CMVs) burden: 58,520 hours Total annual burden: 136,287 hours As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), FMCSA will submit a copy of this rule to OMB for its review of the collection of information. FMCSA asked for public comment on the collection of information in the 2018 NPRM. No comments addressed the collection of information analysis to the NPRM. G. E.O. 13132 (Federalism) A rule has implications for Federalism under Section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this rule will not have substantial direct costs on or for States, nor will it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. No comments received addressed Federalism implications. Therefore, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Impact Statement. PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 H. E.O. 12988 (Civil Justice Reform) This 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. I. E.O. 13045 (Protection of Children) Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children. J. 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 will not effect a taking of private property or otherwise have taking implications. K. Privacy 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 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 that receives records contained in a system of records from a Federal agency for use in a matching program. FMCSA has determined that this rule would not result in a new or revised Privacy Act System of Records for FMCSA. The E-Government Act of 2002, Public Law 107–347, sec. 208, 116 Stat. 2899, 2921 (December 17, 2002), requires Federal agencies to conduct a PIA for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations information as a result of this rule. Accordingly, FMCSA has not conducted a privacy impact assessment. L. 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. M. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this rule under E.O. 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 order because it is not a ‘‘significant regulatory action’’ likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. khammond on DSKBBV9HB2PROD with RULES N. E.O. 13783 (Promoting Energy Independence and Economic Growth) Executive Order 13783 directs executive departments and agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources, and to appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources. In accordance with E.O. 13783, the DOT prepared and submitted a report to the Director of OMB providing specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency action that burden domestic energy production. The DOT has not identified this rule as potentially alleviating unnecessary burdens on domestic energy production under E.O. 13783. 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 VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 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 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. Q. Environment (NEPA and CAA) FMCSA analyzed this rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraphs (6)(y)(2) and (6)(y)(7). The Categorical Exclusion (CE) in paragraph (6)(y)(2) covers regulations implementing motor carrier identification and registration reports. The Categorical Exclusion (CE) in paragraph (6)(y)(7) covers 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. The requirements in this rule are covered by these CEs, and the action does not have the potential to significantly affect the quality of the environment. The CE determination is available for inspection or copying in the regulations.gov website listed under ADDRESSES. FMCSA also analyzed this rule under section 176(c) of the Clean Air Act, as amended (CAA) (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. List of Subjects in 49 CFR Part 390 Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR chapter III, subchapter B, part 390 to read as follows: PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 40293 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; sec. 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, 1548, 1558, 1560; sec. 2, Pub. L. 115–105, 131 Stat. 2263; and 49 CFR 1.81. 1.81a, 1.87. 2. Amend § 390.5 as follows: a. Lift the suspension of the section; b. Revise the definition of ‘‘Lease,’’ ‘‘Lessee,’’ and ‘‘Lessor’’’’; ■ c. Suspend § 390.5 indefinitely. The revised text reads as follows: ■ ■ ■ § 390.5 Definitions. * * * * * Lease, as used in subpart G of this part, means a contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle to another motor carrier, with or without a driver, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901– 13902. The term lease includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle for a specified period, with or without a driver, whether or not compensation for such use is specified or required. For a definition of lease in the context of property-carrying vehicles, see § 376.2 of this subchapter. Lessee, as used in subpart G of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a lease as defined in this section. The term lessee includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle from another motor carrier under an interchange or other agreement, with or without a driver, whether or not compensation for such use is specified. For a definition of lessee in the context of propertycarrying vehicles, see § 376.2 of this subchapter. E:\FR\FM\14AUR1.SGM 14AUR1 40294 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations Lessor, as used in subpart G of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a lease as defined in this section. The term lessor includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of lessor in the context of property-carrying vehicles, see § 376.2 of this subchapter. * * * * * ■ 3. Amend § 390.5T by revising the definitions of ‘‘Lease,’’ ‘‘Lessee,’’ and ‘‘Lessor’’ to read as follows: this section. The term lessor includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of lessor in the context of property-carrying vehicles, see § 376.2 of this subchapter. * * * * * ■ 4. Amend § 390.21 as follows: ■ a. Lift the suspension of the section; ■ b. Revise paragraph (e); ■ c. Remove paragraph (f); ■ d. Redesignate paragraphs (g) and (h) as paragraphs (f) and (g), respectively; ■ e. Suspend § 390.21 indefinitely. The revised text reads as follows: § 390.5T * Definitions. khammond on DSKBBV9HB2PROD with RULES * * * * * Lease, as used in subpart G of this part, means a contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901– 13902. The term lease includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, for a specified period, whether or not compensation for such use is specified or required. For a definition of lease in the context of property-carrying vehicles, see § 376.2 of this subchapter. Lessee, as used in subpart G of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a lease as defined in this section. The term lessee includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of lessee in the context of property-carrying vehicles, see § 376.2 of this subchapter. Lessor, as used in subpart G of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a lease as defined in VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 § 390.21 Marking of self-propelled CMVs and intermodal equipment. * * * * (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier operating a self-propelled CMV under a rental agreement or a passengercarrying CMV under a lease, when the rental agreement or lease has a term not in excess of 30 calendar days, meets the requirements of this section if: (1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or (2) Except as provided in paragraph (e)(2)(v) of this section, the CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this section: (i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section. (ii) The lessor’s identification number preceded by the letters ‘‘USDOT’’ is displayed in accordance with paragraphs (c) and (d) of this section; and (iii) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee conspicuously contains the following information: (A) The name and complete physical address of the principal place of business of the renting motor carrier or lessee; (B) The identification number issued to the renting motor carrier or lessee by FMCSA, 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 information may be shown in a rental agreement: (1) Whether the motor carrier is engaged in ‘‘interstate’’ or ‘‘intrastate’’ commerce; and (2) Whether the renting motor carrier is transporting hazardous materials in the rented CMV; PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 (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 CMV’’; and (iv) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee is carried on the rental CMV or leased passenger-carrying CMV during the full term of the rental agreement or lease. See the property-carrying leasing regulations at 49 CFR part 376 and the passenger-carrying leasing regulations at subpart G of this part for information that should be included in all leasing documents. (v) Exception. (A) The passengercarrying CMV operating under the 48hour emergency exception pursuant to § 390.403(a)(2) of this part does not need to comply with paragraphs (e)(2)(iii) and (iv) of this section, provided the lessor and lessee comply with the requirements of § 390.403(a)(2). (B) A motor carrier operating a selfpropelled CMV under a lease subject to subpart G of this part (§§ 390.401 and 390.403) must begin complying with this paragraph (e) on January 1, 2021. * * * * * ■ 5. Amend § 390.21T by ■ a. Revising paragraph (e); ■ b. Removing paragraph (f); ■ c. Redesignating paragraphs (g) and (h) as paragraphs (f) and (g), respectively. The revision to read as follows: § 390.21T Marking of self-propelled CMVs and intermodal equipment. * * * * * (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier operating a self-propelled CMV under a rental agreement or a passengercarrying CMV under a lease, when the rental agreement or lease has a term not in excess of 30 calendar days, meets the requirements of this section if: (1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or (2) Except as provided in paragraph (e)(2)(v) of this section, the CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this section: (i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section. (ii) The lessor’s identification number preceded by the letters ‘‘USDOT’’ is displayed in accordance with paragraphs (c) and (d) of this section; and (iii) The rental agreement or lease as applicable entered into by the lessor and E:\FR\FM\14AUR1.SGM 14AUR1 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations the renting motor carrier or lessee conspicuously contains the following information: (A) The name and complete physical address of the principal place of business of the renting motor carrier or lessee; (B) The identification number issued to the renting motor carrier or lessee by FMCSA, 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 information may be shown in a rental agreement: (1) Whether the motor carrier is engaged in ‘‘interstate’’ or ‘‘intrastate’’ commerce; and (2) Whether the renting motor carrier or lessee is transporting hazardous materials in the rented or leased CMV; (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 or leased CMV’’; and (iv) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee is carried on the rental CMV or leased passenger-carrying CMV during the full term of the rental agreement or lease. See the property-carrying leasing regulations at 49 CFR part 376 and the passenger-carrying leasing regulations at subpart G of this part for information that should be included in all leasing documents. (v) Exception. (A) A passengercarrying CMV operating under the 48hour emergency exception pursuant to § 390.403(a)(2) of this part does not need to comply with paragraphs (e)(2)(iii) and (iv) of this section, provided the lessor and lessee comply with the requirements of § 390.403(a)(2). (B) A motor carrier operating a selfpropelled CMV under a lease subject to subpart G of this part (§§ 390.401 and 390.403) must begin complying with this paragraph (e) on January 1, 2021. * * * * * Subpart G—Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles Subpart F—[Removed and Reserved] § 390.403 Lease and interchange requirements. 6. Remove and reserve subpart F of part 390, consisting of §§ 390.300T through 390.305. ■ 5. Add subpart G, consisting of §§ 390.401 and 390.403, to read as follows: Beginning on January 1, 2021, and except as provided in § 390.401(b) of this section, a motor carrier may transport passengers in a leased or interchanged commercial motor vehicle only under the following conditions: (a) In general—(1) Lease or agreement required. There shall be in effect either: (i) A lease granting the use of the passenger-carrying commercial motor vehicle and meeting the conditions of paragraphs (b) and (c) of this section. The provisions of the lease shall be khammond on DSKBBV9HB2PROD with RULES ■ Subpart G—Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles Sec. 390.401 Applicability. 390.403 Lease and interchange requirements. VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 § 390.401 Applicability. (a) General. Beginning on January 1, 2021, and except as provided in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers operating commercial motor vehicles to transport passengers: (1) The lease of passenger-carrying commercial motor vehicles; and (2) The interchange of passengercarrying commercial motor vehicles between motor carriers. (b) Exceptions—(1) Contracts and agreements between motor carriers of passengers with active passenger carrier operating authority registrations. This subpart does not apply to contracts and agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with the Federal Motor Carrier Safety Administration when one such motor carrier acquires transportation service(s) from another such motor carrier(s). (2) Financial leases. This subpart does not apply to a contract (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passengercarrying commercial motor vehicles allowing the motor carrier to use the passenger-carrying commercial motor vehicle. (c) Penalties. If the use of a passengercarrying commercial motor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a lease or interchange agreement, or pursuant to a lease or interchange agreement that fails to meet all applicable requirements of subpart G, both motor carriers shall be subject to a civil penalty. PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 40295 adhered to and performed by the lessee; or (ii) An agreement meeting the conditions of paragraphs (b) and (c) of this section and governing the interchange of passenger-carrying commercial motor vehicles between motor carriers of passengers conducting service on a route or series of routes. The provisions of the interchange agreement shall be adhered to and performed by the lessee. (2) Exception. When an event occurs (e.g., a crash, the vehicle is disabled) that requires a motor carrier of passengers immediately to obtain a replacement vehicle from another motor carrier of passengers, the two carriers may postpone the writing of the lease or written agreement for the replacement vehicle for up to 48 hours after the time the lessee takes exclusive possession and control of the replacement vehicle. However, during that 48-hour period, until the lease or agreement is written and provided to the driver, the driver must carry, and produce upon demand of an enforcement official, a document signed and dated by the lessee’s driver or available company official stating: ‘‘[Carrier A, USDOT number, telephone number] has leased this vehicle to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR 390.403(a)(2).’’ (b) Contents of the lease. The lease or interchange agreement required by paragraph (a) of this section shall contain: (1) Vehicle identification information. The name of the vehicle manufacturer, the year of manufacture, and at least the last 6 digits of the Vehicle Identification Number (VIN) of each passengercarrying commercial motor vehicle transferred between motor carriers pursuant to the lease or interchange agreement. (2) Parties. The legal name, USDOT number, and telephone number of the motor carrier providing passenger transportation in a commercial motor vehicle (lessee) and the legal name, USDOT number, and telephone number of the motor carrier providing the equipment (lessor), and signatures of both parties or their authorized representatives. (3) Specific duration. The time and date when, and the location where, the lease or interchange agreement begins and ends. (4) Exclusive possession and responsibilities. (i) A clear statement that the motor carrier obtaining the passenger-carrying commercial motor vehicle (the lessee) has exclusive possession, control, and use of the passenger-carrying commercial motor E:\FR\FM\14AUR1.SGM 14AUR1 40296 Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 / Rules and Regulations vehicle for the duration of the agreement, and assumes complete responsibility for operation of the vehicle and compliance with all applicable Federal regulations for the duration of the agreement. (ii) In the event of a sublease between motor carriers, all of the requirements of this section shall apply to a sublease. (c) Copies of the lease. A copy shall be on the passenger-carrying commercial motor vehicle during the period of the lease or interchange agreement, and both the lessee and lessor shall retain a copy of the lease or interchange agreement for 1 year after the expiration date. Issued under the authority delegated in 49 CFR 1.87. Dated: August 8, 2019. Raymond P. Martinez, Administrator. [FR Doc. 2019–17342 Filed 8–13–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 RIN 0648–XG660 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 17 to the Coastal Pelagic Species Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and khammond on DSKBBV9HB2PROD with RULES AGENCY: VerDate Sep<11>2014 15:49 Aug 13, 2019 Jkt 247001 Atmospheric Administration (NOAA), Commerce. ACTION: Notice of agency decision. NMFS announces the approval of Amendment 17 to the Coastal Pelagic Species Fishery Management Plan. On June 10, 2019, the Regional Administrator of the West Coast Region, NMFS, with the concurrence of the Assistant Administrator for Fisheries, approved Amendment 17 to the Coastal Pelagic Species Fishery Management Plan. The intent of Amendment 17 is to allow the Pacific Fishery Management Council flexibility in recommending restrictions on the live bait portion of the fishery when a stock is overfished. DATES: The amendment was approved on June 10, 2019. ADDRESSES: Copies of the Coastal Pelagic Species Fishery Management Plan as amended through Amendment 17, are available at the Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384, or at this URL: https:// www.pcouncil.org/coastal-pelagicspecies/fishery-management-plan-andamendments/. FOR FURTHER INFORMATION CONTACT: Lynn Massey, Sustainable Fisheries Division, NMFS West Coast Region, at 562–436–2462; or Kerry Griffin, Pacific Fishery Management Council, at 503– 820–2280. SUPPLEMENTARY INFORMATION: Amendment 17 removed the prespecified incidental landing limit for overfished stocks for vessels fishing for SUMMARY: PO 00000 Frm 00072 Fmt 4700 Sfmt 9990 live bait. Prior to Amendment 17, if a Coastal Pelagic Species stock were to become overfished, and even prior to adoption of a rebuilding plan, the Fishery Management Plan automatically limited retention in the live bait fishery of that stock to only incidentally caught fish with no more than 15 percent of any load being from the overfished stock. NMFS published a Notice Availability for Amendment 17 on March 22, 2019 (84 FR 10768), and solicited public comments through May 21, 2019. NMFS received three public comments from industry representatives in support of Amendment 17. The industry representatives included the American Albacore Fishing Associations, the Sportfishing Association of California, and a private fisherman from southern California. There are no implementing regulations associated with Amendment 17; therefore, NMFS did not promulgate a proposed and final rule to implement this amendment. Authority: 16 U.S.C. 1801 et seq. Dated: August 9, 2019. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–17465 Filed 8–13–19; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 84, Number 157 (Wednesday, August 14, 2019)]
[Rules and Regulations]
[Pages 40272-40296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17342]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC07 and 2126-AC22


Lease and Interchange of Vehicles; Motor Carriers of Passengers

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

ACTION: Final rule.

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

SUMMARY: FMCSA amends its May 27, 2015, final rule on Lease and 
Interchange of Vehicles; Motor Carriers of Passengers (2015 final rule) 
in response to petitions for rulemaking. This final rule narrows the 
applicability of the 2015 final rule by excluding certain contracts and 
other agreements between motor carriers of passengers that have active 
passenger carrier operating authority registrations with FMCSA from the 
definition of lease and the associated regulatory requirements. For 
passenger carriers that remain subject to the leasing and interchange 
requirements, FMCSA returns the bus marking requirement to its July 1, 
2015, state with slight modifications to add references to leased 
vehicles; revises the exception for the delayed writing of a lease 
during certain emergencies; and removes the 24-hour lease notification 
requirement.

DATES: This final rule is effective October 15, 2019. Compliance date: 
As of October 15, 2019, the compliance date for the requirements in 
subpart G of 49 CFR part 390 (Sec. Sec.  390.401 and 390.403) is 
January 1, 2021.
    Comments sent to the Office of Management and Budget (OMB) on the 
collection of information must be received by OMB on or before 
September 13, 2019. OMB must receive your comments by this date in 
order to act quickly on the information collection request.
    Petitions for reconsideration of this final rule must be submitted 
to the

[[Page 40273]]

FMCSA Administrator no later than September 13, 2019.

ADDRESSES: All comments on the collection of information should 
reference Federal Docket Management System (FDMS) Docket Number FMCSA-
2012-0103. Interested persons are invited to submit written comments on 
information collection to the Office of Information and Regulatory 
Affairs, Office of Management and Budget. Comments should be addressed 
to the attention of the Desk Officer, Department of Transportation/
Federal Motor Carrier Safety Administration, and sent via:
     Electronic mail: [email protected].
     Fax: 1-202-395-6974.
     Mail: Office of Information and Regulatory Affairs, Office 
of Management and Budget, Docket Library, Room 10102, 725 17th Street 
NW, Washington, DC 20503.
    To avoid duplication, please use only one of these three methods.
    Petitions for reconsideration of this final rule must be submitted 
in accordance with 49 CFR 389.35 and submitted to the FMCSA 
Administrator, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave. SE, Washington, DC 20590-0001.

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:
    This final rule is organized as follows:

I. Rulemaking Documents
    A. Availability of Rulemaking Documents
    B. Privacy Act
II. Executive Summary
    A. Purpose of the Final Rule
    B. Summary of the Major Provisions
    C. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Discussion of Proposed Rulemaking and Comments
    A. Proposed Rulemaking
    B. Comments and Responses
    C. Examples of Final Rule Implementation
VI. International Impacts
VII. Section-by-Section Description of the Rule
    A. Section 390.5 Definitions
    B. Section 390.21 Marking of Self-Propelled CMVs and Intermodal 
Equipment
    C. Part 390, Subpart F Lease and Interchange of Passenger-
Carrying Commercial Motor Vehicles
    D. Part 390, Subpart G Lease and Interchange of Passenger-
Carrying Commercial Motor Vehicles
    E. Section 390.401 Applicability
    F. Section 390.403 Lease and Interchange Requirements
VIII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 
(Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures
    B. E.O. 13771 (Reducing Regulation and Controlling Regulatory 
Costs)
    C. Regulatory Flexibility Act
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. E.O. 12988 (Civil Justice Reform)
    I. E.O. 13045 (Protection of Children)
    J. E.O. 12630 (Taking of Private Property)
    K. Privacy
    L. E.O. 12372 (Intergovernmental Review)
    M. E.O. 13211 (Energy Supply, Distribution, or Use)
    N. E.O. 13783 (Promoting Energy Independence and Economic 
Growth)
    O. E.O. 13175 (Indian Tribal Governments)
    P. National Technology Transfer and Advancement Act (Technical 
Standards)
    Q. Environment (NEPA and CAA)

I. Rulemaking Documents

A. Availability of Rulemaking Documents

    For access to docket FMCSA-2012-0103 to read background documents 
and comments received, go to https://www.regulations.gov at any time, or 
to Docket Services at U.S. Department of Transportation, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Executive Summary

A. Purpose of the Final Rule

    FMCSA revises its regulations governing the lease and interchange 
of passenger-carrying commercial motor vehicles (CMVs). This rule 
excludes from the lease and interchange requirements motor carriers 
that operate CMVs and have active operating authority registration \1\ 
with FMCSA to transport passengers--hereafter called ``authorized 
carriers'' or ``carriers with operating authority'' for the sake of 
simplicity. This rule also excludes financial leases.\2\ For leases 
between authorized carriers, the assignment of responsibility for 
regulatory compliance requires no additional regulatory obligations 
because FMCSA believes their identity can be determined by other means, 
principally because each authorized for-hire motor carrier must conduct 
the transportation in its own name, under its own authority, with its 
owned, leased, or borrowed vehicles, and is therefore responsible for 
compliance with the FMCSRs.
---------------------------------------------------------------------------

    \1\ Operating authority registration is defined in 49 CFR 390.5. 
The phrase ``means the registration required by 49 U.S.C. 13902 
[Registration of motor carriers], 49 CFR part 365 [Rules Governing 
Applications for Operating Authority], 49 CFR part 368 [Application 
for a Certificate of Registration to Operate in Municipalities in 
the United States on the United States-Mexico International Border 
or Within the Commercial Zones of Such Municipalities], and 49 CFR 
392.9a [Operating authority].'' ``Active'' in the context of 
operating authority registration means FMCSA has granted the motor 
carrier operating authority registration through issuance of a valid 
certificate, permit, or license as provided in Sec. Sec.  365.115(b) 
or 368.6(d), and FMCSA has not suspended or revoked that 
certificate, permit, or license for various statutory or regulatory 
reasons.
    \2\ See Sec.  390.301(b)(1) of the 2015 final rule and Sec.  
390.401(b)(2) of this final rule.
---------------------------------------------------------------------------

B. Summary of the Major Provisions

    The rule (1) revises the definition of lease to exclude authorized 
carriers that grant the use of their vehicles to each other; (2) 
removes the May 27, 2015, final rule's marking requirements and 
reinstates the previous vehicle marking requirements with slight 
modifications; (3) revises the provision allowing a delay in the 
completion of a lease during certain emergencies; and (4) removes the 
requirement that motor carriers chartered for a trip who lease a CMV 
from another carrier to provide the transportation must notify the tour 
operator or group of passengers about the lease and the lessor.

C. Costs and Benefits

    The Agency estimates that an annual average of 8,366 motor carriers 
of passengers and 547,034 passenger-carrying CMV trips will experience 
regulatory relief under this final rule. Approximately 75 percent of 
these passenger carriers and CMV trips will experience full regulatory 
relief and will no longer be subject to the lease and interchange 
requirements of the 2015 final rule. The remaining 25 percent of these 
passenger carriers and CMV trips will experience partial regulatory 
relief and remain subject to reduced lease and interchange 
requirements, compared to those of the 2015 final rule.
    As presented in Table 1, the Agency estimates that the rule will 
result in a cost savings of $76.5 million on an

[[Page 40274]]

undiscounted basis, $67.7 million discounted at 3 percent, and $58.5 
million discounted at 7 percent over the 10-year analysis period, 
expressed in 2016 dollars. On an annualized basis, this equates to a 
10-year cost savings of $7.9 million at a 3 percent discount rate and 
$8.3 million at a 7 percent discount rate. This final rule has total 
costs less than zero, and is therefore a deregulatory action under 
Executive Order 13771.

                                                     Table 1--Summary of the Total Cost of the Rule
                                                                 [in thousands of 2016$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Undiscounted                      Discounted
                                               Passenger carriers  Passenger-carrying ------------------------------------------------------------------
                                                  experiencing          CMV trips                       Charter
                     Year                       regulatory relief     experiencing       Lease and       party     Total costs   Discounted   Discounted
                                                 under the rule     regulatory relief   interchange  notification     \(b)\        at 3%        at 7%
                                                                     under the rule     costs \(a)\      costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021.........................................               8,046             526,111     ($25,747)      ($1,189)    ($26,936)    ($26,152)    ($25,174)
2022.........................................               8,116             530,654       (4,114)       (1,199)      (5,315)      (5,009)      (4,642)
2023.........................................               8,186             535,237       (4,150)       (1,210)      (5,360)      (4,906)      (4,376)
2024.........................................               8,256             539,859       (4,187)       (1,220)      (5,407)      (4,804)      (4,125)
2025.........................................               8,328             544,521       (4,224)       (1,231)      (5,453)      (4,704)      (3,888)
2026.........................................               8,400             549,224       (4,260)       (1,241)      (5,500)      (4,607)      (3,665)
2027.........................................               8,472             553,967       (4,296)       (1,252)      (5,548)      (4,511)      (3,455)
2028.........................................               8,545             558,751       (4,333)       (1,263)      (5,596)      (4,417)      (3,257)
2029.........................................               8,619             563,576       (4,370)       (1,274)      (5,644)      (4,326)      (3,070)
2030.........................................               8,693             568,443       (4,409)       (1,285)      (5,693)      (4,236)      (2,894)
                                              ----------------------------------------------------------------------------------------------------------
    Total....................................  ..................  ..................      (64,089)      (12,363)     (76,453)     (67,672)     (58,546)
                                              ----------------------------------------------------------------------------------------------------------
Annualized...................................  ..................  ..................  ............  ............      (7,645)      (7,933)      (8,336)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(a) Values shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings.
(b) Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded
  components.)

    The regulatory evaluation for the 2015 final rule addressed the 
potential safety benefits of lease and interchange requirements for 
motor carriers of passengers.\3\ There was insufficient data and 
empirical evidence to demonstrate a measurable quantitative 
relationship between lease and interchange requirements for passenger-
carrying CMVs and improved safety outcomes such as reduced frequency 
and/or severity of crashes or reduced frequency of violations. 
Therefore, FMCSA performed a threshold analysis, also referred to as a 
break-even analysis, estimating the reduction in crashes that would 
need to occur as a consequence of the 2015 final rule for the benefits 
of the rule to exactly offset the estimated costs of the rule.
---------------------------------------------------------------------------

    \3\ U.S. Department of Transportation (DOT), FMCSA. ``Final 
Rule. Lease and Interchange of Vehicles; Motor Carriers of 
Passengers. Regulatory Evaluation.'' May 2015. Docket ID# FMCSA-
2012-0103-0022. Available at: https://www.regulations.gov/contentStreamer?documentId=FMCSA-2012-0103-0022&attachmentNumber=1&contentType=pdf (accessed June 3, 2019).
---------------------------------------------------------------------------

    In considering the potential impact to safety benefits from this 
final rule, the Agency notes that there remains insufficient data and 
empirical evidence to demonstrate a measurable quantitative 
relationship between lease and interchange requirements for passenger-
carrying CMVs and improved safety outcomes. Lease and interchange 
requirements for motor carriers of passengers improve the ability of 
the Agency and our State partners to attribute inspection, compliance, 
enforcement, and safety data to the correct motor carrier and driver, 
allowing FMCSA and our State partners to more accurately identify 
unsafe carriers and initiate appropriate interventions. FMCSA believes 
that the lease and interchange requirements of this rule are a less 
costly and burdensome regulatory approach than the requirements of the 
2015 final rule, yet still enable safety officials and the public to 
identify the passenger carrier responsible for safety because each 
authorized for-hire motor carrier must conduct the transportation in 
its own name, under its own authority, with its owned, leased, or 
borrowed vehicles, and is therefore responsible for compliance with the 
FMCSRs. The Agency does not anticipate any change to safety benefits as 
a result of the rule.

III. Abbreviations

------------------------------------------------------------------------
 
------------------------------------------------------------------------
1935 Act..........................  Motor Carrier Act of 1935.
1984 Act..........................  Motor Carrier Safety Act of 1984.
2015 final rule...................  May 27, 2015, Lease and Interchange
                                     of Vehicles; Motor Carriers of
                                     Passengers final rule, 80 FR 30164.
ABA...............................  American Bus Association.
BLS...............................  Bureau of Labor Statistics.
CMV...............................  Commercial Motor Vehicle.
DART..............................  Data Analysis and Reports Team.
DOL...............................  United States Department of Labor.
DOT...............................  United States Department of
                                     Transportation.
ECEC..............................  Employer Costs for Employee
                                     Compensation.
E.O...............................  Executive Order.
FMCSA.............................  Federal Motor Carrier Safety
                                     Administration.
FMCSRs............................  Federal Motor Carrier Safety
                                     Regulations, 49 CFR parts 350
                                     through 399.
FR................................  Federal Register.
ICCTA.............................  ICC [Interstate Commerce Commission]
                                     Termination Act of 1995.
L&I...............................  Licensing and Insurance.
MCBOA.............................  Minnesota Charter Bus Operators
                                     Association.
MAP-21............................  Moving Ahead for Progress in the
                                     21st Century Act.
MCMIS.............................  Motor Carrier Management Information
                                     System.
NPRM..............................  Notice of Proposed Rulemaking.
NTSB..............................  National Transportation Safety
                                     Board.
OMB...............................  Office of Management and Budget.
PRA...............................  Paperwork Reduction Act of 1995.
RFA...............................  Regulatory Flexibility Act.
SBA...............................  Small Business Administration.
SOC...............................  Standard Occupational
                                     Classification.
UMA...............................  United Motorcoach Association.
U.S.C.............................  United States Code.
VIN...............................  Vehicle Identification Number.
------------------------------------------------------------------------

IV. Legal Basis

    This rule is based on the authority of the Motor Carrier Act of 
1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act), as 
amended.
    The 1935 Act authorizes DOT to ``prescribe requirements for--(1) 
qualifications and maximum hours of service of employees of, and safety 
of operation and equipment of, a motor carrier; and (2) qualifications 
and maximum hours of service of employees of, and standards of 
equipment of, a motor private carrier, when needed to promote safety of 
operation'' (49 U.S.C. 31502(b)).\4\
---------------------------------------------------------------------------

    \4\ See https://www.gpo.gov/fdsys/pkg/USCODE-2017-title49/pdf/USCODE-2017-title49-subtitleVI-partB-chap315.pdf (accessed June 3, 
2019).
---------------------------------------------------------------------------

    The 1984 Act confers on DOT authority to regulate drivers, motor 
carriers, and CMVs. ``At a minimum, the regulations shall ensure that--
(1) commercial motor vehicles are

[[Page 40275]]

maintained, equipped, loaded, and operated safely; (2) the 
responsibilities imposed on operators of commercial motor vehicles do 
not impair their ability to operate the vehicles safely; (3) the 
physical condition of operators of commercial motor vehicles is 
adequate to enable them to operate the vehicles safely . . . ; and (4) 
the operation of commercial motor vehicles does not have a deleterious 
effect on the physical condition of the operators'' (49 U.S.C. 
31136(a)). Section 32911 of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21) [Pub. L. 112-141, 126 Stat. 405, 818, July 6, 
2012] enacted a fifth requirement, i.e., to ensure that ``(5) an 
operator of a commercial motor vehicle is not coerced by a motor 
carrier, shipper, receiver, or transportation intermediary to operate a 
commercial motor vehicle in violation of a regulation promulgated under 
this section, or chapter 51 or chapter 313 of this title'' [49 U.S.C. 
31136(a)(5)].\5\
---------------------------------------------------------------------------

    \5\ See https://www.gpo.gov/fdsys/pkg/USCODE-2017-title49/pdf/USCODE-2017-title49-subtitleVI-partB-chap311-subchapIII-sec31136.pdf 
(accessed June 3, 2019).
---------------------------------------------------------------------------

    The 1984 Act also includes more general authority to ``(8) 
prescribe recordkeeping . . . requirements; . . . and (10) perform 
other acts the Secretary considers appropriate'' (49 U.S.C. 
31133(a)).\6\
---------------------------------------------------------------------------

    \6\ See https://www.gpo.gov/fdsys/pkg/USCODE-2017-title49/pdf/USCODE-2017-title49-subtitleVI-partB-chap311-subchapIII-sec31133.pdf 
(accessed June 3, 2019).
---------------------------------------------------------------------------

    This rule imposes legal and recordkeeping requirements consistent 
with the 1935 and 1984 Acts on certain for-hire and private passenger 
carriers that operate CMVs, to enable safety officials and the public 
to identify the passenger carrier responsible for safety. Although the 
USDOT number serves a similar function, it does not assign 
responsibility when CMVs are exchanged between two or more parties, 
leaving an information gap filled by this rule. Currently, many 
passenger-carrying CMVs and drivers are rented, loaned, leased, 
interchanged, assigned, and reassigned with few records and little 
formality, thus obscuring the operational safety responsibility of 
certain industry participants. The more accurate, targeted enforcement 
allowed by this rule will help the Agency meet the mandate of 49 U.S.C. 
31136(a)(1) to ensure that passenger-carrying CMVs, like other 
vehicles, are ``operated safely.'' The rule does not address the 
requirements of 49 U.S.C. 31136(a)(2)-(4). Because this rule has only 
indirect and minimal application to drivers of passenger-carrying 
CMVs--at most, their employers might require them to pick up a lease 
document and place it on the vehicle, though that task could also be 
assigned to other employees--FMCSA believes that coercion of drivers to 
violate the rule will not occur (49 U.S.C. 31136(a)(5)).
    Before prescribing any regulations, FMCSA must also consider their 
``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)). Those 
factors are discussed in this final rule.

V. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    FMCSA published a notice of proposed rulemaking (NPRM) on September 
20, 2018 (83 FR 47764) (2018 NPRM), that proposed several changes to 
the lease and interchange requirements added to 49 CFR part 390 by the 
2015 final rule (80 FR 30164). The proposals included narrowing the 
applicability of the rule, excluding certain contracts and other 
agreements between motor carriers of passengers with operating 
authority from the definition of lease and the associated regulatory 
requirements, excluding financial leases,\7\ and returning the Sec.  
390.21(e) marking requirement to its July 1, 2015, state with slight 
modifications to add references to leased vehicles. The NPRM also 
proposed to revise the delayed writing of a lease during certain 
emergencies; remove the 24-hour lease notification requirement; and 
extend the compliance date for the 2015 final rule to January 1, 2021, 
to give the Agency sufficient time to complete this final rule.
---------------------------------------------------------------------------

    \7\ Financial lease (however designated, e.g., lease, closed-end 
lease, hire purchase, lease purchase, purchase agreement, 
installment plan, demonstration or loaner vehicle, etc.) as defined 
in Sec.  390.401(b)(2) means a contract between a motor carrier and 
a bank or similar financial organization or a manufacturer or dealer 
of passenger-carrying CMVs.
---------------------------------------------------------------------------

B. Comments and Responses

    Eighteen comments to the 2018 NPRM were received from the following 
parties: American Bus Association (ABA), United Motorcoach Association 
(UMA), Greyhound Lines, Coach USA, Adirondack Trailways, Annett Bus 
Lines, Southern Tier Stages, Northwest Motorcoach Association, Peter 
Pan Bus Lines, Jefferson Bus Lines, Plymouth & Brockton Street Railway 
Company, Academy Bus, DeCamp Bus Lines, Burlington Trailways, FlixBus 
Inc., Pacific Coachways Charter Services, Thielen Bus Lines,\8\ and a 
private citizen.
---------------------------------------------------------------------------

    \8\ The commenter states he is a board member of the Minnesota 
Charter Bus Operators Association (MCBOA). He submitted comments on 
his own behalf, and as a representative of the other 32 members of 
the MCBOA.
---------------------------------------------------------------------------

Extension of the Compliance Date
    Extension of the compliance date was supported by ABA, Academy Bus, 
Coach USA, Adirondack Trailways, Annett Bus Lines, Southern Tier 
Stages, Inc., Northwest Motorcoach Association, Peter Pan Bus Lines, 
Jefferson Bus Lines, Plymouth & Brockton, DeCamp Bus Lines, Burlington 
Trailways, UMA, Greyhound, Thielen Bus Lines, and Pacific Coachways 
Charter Services.
FMCSA Response
    On December 4, 2018, FMCSA published a final rule extending the 
compliance date for the 2015 final rule to January 1, 2021 (83 FR 
62505). This final rule will use the January 1, 2021 compliance date 
set by the December 2018 final rule.
General Applicability
    The NPRM proposed revising the general applicability section to add 
two exceptions to the applicability requirements of the lease and 
interchange rule. Under the NPRM, section 390.401(b) would be modified 
in several ways. First, a new exception in paragraph (b)(1) would 
exclude from the rule contracts and agreements between passenger 
carriers with active passenger carrier operating authority registration 
\9\ when one such carrier acquires transportation services from another 
such carrier. Second, the 2015 exception for financial leases would be 
revised to remove the requirement that the bank or similar financial 
organization, manufacturer, or dealer must be a motor carrier to 
utilize the exception from the rule. This is because such entities are 
motor carriers if they move their vehicle inventory between business 
locations before purchases. Third, as proposed, the limited exception 
for passenger-carrying CMVs exchanged or interchanged between or among 
commonly owned and controlled motor carriers would be removed.
---------------------------------------------------------------------------

    \9\ Operating authority registration means the registration 
required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 
49 CFR 392.9a as defined in 49 CFR 390.5. ``Active'' in the context 
of operating authority registration means FMCSA has granted the 
motor carrier operating authority registration through issuance of a 
valid certificate, permit, or license as provided in Sec. Sec.  
365.115(b) or 368.6(d), and FMCSA has not suspended or revoked that 
certificate, permit, or license for various statutory or regulatory 
reasons.
---------------------------------------------------------------------------

    Fourth, as proposed, the limited exception for passenger-carrying 
CMVs exchanged or interchanged between or among motor carriers that are 
a party to a revenue pooling agreement approved by the STB in 
accordance with 49 U.S.C

[[Page 40276]]

14302 would be removed. All passenger carriers that are commonly owned 
and controlled or participate in STB-approved revenue pooling 
agreements operate in interstate commerce and should have operating 
authority. Under the NPRM, an authorized carrier that obtains a vehicle 
from another commonly owned and controlled authorized carrier or 
another authorized participant in an STB-approved pooling agreement, 
would not be subject to the lease and interchange requirement. 
Accordingly, a separate exception for carriers operating under an STB-
approved pooling agreement would no longer be necessary.
    Greyhound Lines, Coach USA, Adirondack Trailways, Annett Bus Lines, 
Southern Tier Stages, Northwest Motorcoach Association, Peter Pan Bus 
Lines, Jefferson Bus Lines, Plymouth & Brockton Street Railway Company, 
Academy Bus, DeCamp Bus Lines, Burlington Trailways, FlixBus Inc., 
Pacific Coachways Charter Services, Thielen Bus Lines, ABA, and UMA 
supported the proposed general applicability section, including the 
proposed active operating authority registration exception, maintaining 
the financial lease exception, and the removal of the two limited 
exceptions for commonly owned and controlled authorized carriers and 
STB-approved pooling agreements.
    The UMA commented that the rule should not compel two or more 
carriers, all possessing the requisite valid Federal operating 
authority, to enter a lease they would not otherwise enter when 
engaging each other's services. UMA believes that inspections and 
crashes should be attributed to the chartered, contracted, or 
subcontracted carrier that possesses the sole, direct responsibility 
for compliance and control of vehicle maintenance and driver 
qualifications and behavior.
    Academy Bus adds this ``is a key issue to allow legally operating 
carriers to utilize the services of other legally operating carriers to 
meet demand fluctuations. Other carriers provide their buses and 
drivers to complete sub-contracted work. The recipient maintains their 
own operating authority, own insurance program and manage their own 
operations. The carrier sub-contracting the work has no input into the 
sub-contracted (recipient) carrier's operations. There is no ambiguity 
as to what buses on the road are operated by which company and/or 
authority. This is not a lease issue as there is no control over the 
other carrier's equipment or drivers.''
FMCSA Response
    The Agency adopts without change the proposed general applicability 
section to the leasing requirements for passenger carriers, including 
the proposed exception for passenger carriers with active operating 
authority registration, maintaining the financial lease exception, and 
the removal of the two limited exceptions for commonly owned and 
controlled authorized carriers and STB-approved pooling agreements. The 
lease and interchange regulations do not directly affect safety. 
Rather, they help FMCSA, the National Transportation Safety Board 
(NTSB), and State safety officials to identify the passenger carrier 
responsible for safety and to assign inspection, compliance, crash, and 
enforcement data to the correct carrier and driver, allowing the 
Agency, NTSB, and the States to more accurately identify unsafe and 
high risk carriers and to take appropriate action. The changes made by 
this rule will not adversely affect safety because authorized carriers 
involved in chartering (or subcontracting) with each other assume 
responsibility for their own regulatory compliance, and are readily 
identifiable. In addition, banks or similar financial organizations, 
manufacturers, or dealers: (a) Must not be a motor carrier in order to 
use the exception from this leasing rule; (b) will be deemed a private 
motor carriers of property when moving its empty passenger vehicle 
inventory between business locations before purchases; and (c) will 
have to comply fully with all 49 CFR parts 300 to 399 regulations 
during these moves of empty passenger vehicle inventory between 
business locations.
Definitions
    The Agency proposed to revise the definition of lease in Sec.  
390.5 to include only contracts and agreements in which a motor carrier 
grants the use of a passenger-carrying CMV to another motor carrier 
when at least one of the motor carriers is not an authorized 
carrier.\10\ Authorized carriers of passengers routinely assist one 
another by providing transportation services during demand surges, 
emergencies, or events that require more than their available capacity. 
These common agreements, some of which amount to subcontracting, will 
not meet the regulatory definition of a lease in this final rule. 
Authorized carriers or passengers that are hired by another authorized 
carrier of passengers have traditionally assumed responsibility for 
their own regulatory compliance and liability. This practice has long 
been acceptable to the insurance industry. Furthermore, authorized 
carriers of passengers are readily identifiable to enforcement 
personnel, making a separate lease agreement assigning regulatory 
responsibility unnecessary.
---------------------------------------------------------------------------

    \10\ This rulemaking does not change the definition of lease in 
the context of property-carrying vehicles in 49 CFR 376.2.
---------------------------------------------------------------------------

    The definition of lease was proposed to be narrowed by including 
only contracts and agreements granting the use of a passenger-carrying 
CMV between motor carriers when one (or more) such carrier does not 
have active operating authority registration. The term lease also has 
been revised as proposed with added language to include circumstances 
when no compensation is specified. The terms lessee and lessor have 
both been revised slightly to specify that the granting of passenger-
carrying CMV usage is through a lease.
    The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus 
LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and 
Coach USA support the Agency's proposal to exclude from the definition 
of lease chartering between or among authorized passenger carriers. ABA 
writes ``This change is consistent with the Agency's stated goal of 
ensuring a lessor relinquishes all control of a passenger carrying 
commercial motor vehicle (CMV) for the full term of a lease. In the 
case of chartering or subcontracting, there is no surrender of the 
vehicle and thus these types of operations do not fit within definition 
of a lease. During a charter transaction, the vehicles remain within 
the control of the respective charter parties, each party is 
responsible for dispatching and maintaining its respective vehicles, 
and each party is responsible for regulatory compliance. Thus, in-line 
with FMCSA's underlying oversight philosophy, each carrier in a charter 
transaction is held accountable for maintaining its own respective 
operating authority. This is the fundamental basis by which FMCSA 
conducts enforcement and can ensure carriers remain compliant. 
Alternatively, applying the same logic, for carriers with no operating 
authority, a lease requirement demonstrating the full surrender of the 
vehicle for the entire term of the lease also supports FMCSA's 
oversight philosophy by ensuring a responsible carrier with operating 
authority is always controlling the vehicles operating on the road, 
thereby limiting opportunities to circumvent the law.''

[[Page 40277]]

FMCSA Response
    The Agency adopts without change the proposed exception to the 
leasing requirements for passenger carriers with active operating 
authority.
Marking of Self-Propelled CMVs and Intermodal Equipment
    Before the 2015 rule, a motor carrier operating a CMV under a 
rental agreement having a term of not more than 30 calendar days could 
mark the CMV with either (1) the name and USDOT identification number 
of the lessee, or (2) the name and USDOT identification number of the 
lessor if, in the latter case, a fully complete lease is carried on the 
rented CMV during the full term of the lease. The 2015 final rule 
required that a motor carrier operating a passenger-carrying CMV under 
a lease must add an additional marking device on the CMV temporarily on 
the right (curb) side of the vehicle on or near the front passenger 
door. The 2015 rule's temporary device would show the legal or trade 
name and USDOT number of the carrier operating the vehicle, preceded by 
the words ``operated by.''
    Industry commenters to the 2016 NOI and the 2017 proposal argued 
that the 2015 final rule imposes burdensome marking requirements that 
are impractical, and that there are less burdensome ways to address the 
Agency's concerns.
    The 2018 NPRM proposed to eliminate the cost of additional marking 
of the vehicles while maintaining all of the information necessary for 
enforcement officials to identify the carrier for regulatory 
compliance. FMCSA also proposed to add paragraph (e)(2)(v) to allow a 
passenger-carrying CMV operating under the 48-hour emergency exception 
pursuant to Sec.  390.403(a)(2) to be excepted from paragraphs 
(e)(2)(iii) and (iv) regarding a lease document with required 
information being carried on the vehicle, provided the lessor and 
lessee comply with the requirements of the provision in Sec.  
390.403(a)(2).
    The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus 
LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and 
Coach USA support removing the 2015 final rule's CMV marking 
requirements and restoring the previous Sec.  390.21(e) with slight 
modifications to comport with the leasing requirements proposed under 
the 2018 NPRM. ABA noted that ``This change addresses the industry's 
concerns with the impracticality of the 2015 final rule requirements 
while still providing enforcement officials with sufficient information 
to identify carriers for regulatory compliance. By restoring the 
marking requirements of the pre-2015 final rule, the Agency is 
addressing a major industry concern that threatened to severely 
restrict current operations, particularly at high-volume periods, 
leading to a reduction of capacity in the system without providing any 
additional safety benefit. As well, FMCSA's proposed modifications to 
49 CFR 390.21(e), to address operations under a lease agreement, are 
sufficiently tailored to ensure enforcement officials continue to have 
access to appropriate information in those circumstances.''
FMCSA Response
    The Agency agrees with these comments and implements the marking 
revision as proposed. Enforcement officials will be able to use the 
markings on the sides of the passenger CMV and the lease or the Sec.  
390.403(a)(2) summary document to determine the identity of the carrier 
responsible for safety and to assign inspection, compliance, crash, and 
enforcement data to the correct carrier and driver. FMCSA has therefore 
concluded that this change will not adversely affect safety.
    Section 390.21 in this final rule is similar to the text in effect 
before the May 27, 2015, final rule. FMCSA removes the special marking 
regulations for leased and interchanged passenger-carrying CMVs in 
paragraph (f). Section 390.21 has been revised to treat leased 
passenger-carrying CMVs like all other rented CMVs. For a lease of 30 
calendar days or less, the lessee can opt to mark the vehicle with 
either the lessee's information or the lessor's information. However, 
the latter would require a fully executed copy of the lease be carried 
on the vehicle, unless the CMV is being operated for up to 48 hours 
under the emergency related provisions of Sec.  390.403(a)(2).
    If the motor carrier is operating a passenger-carrying CMV under a 
lease or rental agreement for more than 30 calendar days, the CMV must 
be marked with the lessee's identification information. In a lease 
situation, the operating motor carrier is the lessee. These revised 
regulations address petitioners' concerns that there is no easy way to 
display a temporary marking on certain passenger-carrying motor 
vehicles for short term leases. FMCSA sets a compliance date of January 
1, 2021, for passenger-carrying CMVs subject to the lease and 
interchange rules, which is identical to the compliance date for the 
rules themselves. To be clear, a transaction involving a motor carrier 
operating a passenger-carrying CMV financed by a bank or similar 
financial organization, or provided by a manufacturer or dealership for 
demonstration purposes or to replace a vehicle being serviced or 
repaired, is not subject to the lease and interchange requirements in 
49 CFR part 390 subpart G as provided by the 2015 final rule and 
retained in Sec.  390.401(b)(2) Financial leases. None of these 
financial lease arrangements is considered to be a lease, interchange, 
or rental of a CMV under the definition of lease in Sec.  390.5 because 
banks and other similar financial organizations do not operate 
passenger-carrying CMVs as a motor carrier. In these cases, the motor 
carrier that is granted use of the passenger-carrying CMV has full 
responsibility for the operation of such vehicle and compliance with 
the vehicle marking requirements in Sec.  390.21 for the duration of 
the arrangement. However, it should also be noted that a motor carrier 
that obtained a passenger-carrying CMV through a loan from a bank or 
similar financial organization, may be responsible for compliance if it 
leases that vehicle to another motor carrier of passengers.
Customer Notification
    The 2018 NPRM proposed to remove the requirement in the 2015 rule's 
Sec.  390.305 to notify the passenger group or their representative 
within 24 hours after the primary contractor reassigns the 
transportation to a subcontractor.
    The ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus 
LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and 
Coach USA support FMCSA's proposal to remove the 24-hour lease 
notification requirement for subcontracted charter arrangements. 
Multiple commenters said that if this requirement remained in place it 
would be very difficult for motorcoach operators to maintain the 
flexibility required to address emergency situations and public 
necessity. They wrote that it would be impractical in terms of meeting 
customer needs when time schedules for charter customers often restrict 
motor carriers' ability to notify tour operators, unduly burdening the 
operator. Further, they wrote that such notifications would not 
necessarily provide any added safety benefit. Instead, they believe 
that FMCSA ensures a greater safety benefit when all carriers providing 
charter service have operating authority, either under their own USDOT 
number or established under a formal lease arrangement as proposed 
under the 2018 NPRM. UMA commented that ``This provision was one of the 
least objectionable of the

[[Page 40278]]

2015 final rule by passenger carriers, indicative of the fact that most 
passenger carriers advise their customers and/or passengers of 
changes.''
FMCSA Response
    The Agency removes the customer notification requirements, as 
proposed. The Agency agrees with the comments received that the 
notifications would have imposed burdens on the passenger carrier 
industry and is more about customer protection than directly linked to 
safety.
48-Hour Lease Delay Exception
    When passengers are on a CMV and an emergency occurs that requires 
a replacement vehicle from another motor carrier, the 2015 rule allows 
the two carriers to postpone writing a lease or other written agreement 
for up to 48 hours. The Agency believed the 48-hour window would 
provide ample time for the parties to document the transaction.
    One of the issues listed in the 2016 NOI was that FMCSA would 
reconsider expanding applicability of the 48-hour delay provision for 
preparing a lease to include emergencies when passengers are not 
actually on board a bus (81 FR 59952, Aug. 31, 2016). FMCSA provided 
examples of events that might require a motor carrier to obtain a 
replacement vehicle immediately:
     Buses might be needed to transport stranded passengers in 
the event that Amtrak or airline service was suspended or disrupted. A 
bus operator contracted to provide emergency service might need to 
obtain additional drivers and vehicles without delay;
     Last minute maintenance or mechanical issues, or driver 
illness, might arise late in the evening or during the night (such as 
on a multi-day charter or tour trip), or just prior to picking up a 
group for a charter or scheduled service run.
    In the 2017 proposal, FMCSA explained that it intended to broaden 
the emergency 48-hour delay provision for preparing a lease authorized 
by 49 CFR 390.303(a)(2) and remove the requirement that passengers 
actually be on board a bus when the exception occurs.
    Based on comments to the 2016 NOI and 2017 proposal, the 2018 NPRM 
adopted the petitioners' recommendation to expand the regulatory 
exception that permits the delayed writing of a lease during certain 
emergencies (e.g., a crash, the vehicle is disabled) including when no 
passengers are on the vehicle. FMCSA proposed to move the exception in 
49 CFR 390.303(a)(2) to 49 CFR 390.403(a)(2). If a motor carrier 
obtains a replacement vehicle from, or subcontracts for service with, 
another motor carrier, the motor carriers may delay writing of a lease 
during these emergency situations. However, a summary document signed 
and dated by the lessee's driver or available company official must 
state: ``[Carrier A, USDOT number, telephone number] has leased this 
vehicle to [Carrier B, USDOT number, telephone number] pursuant to 49 
CFR 390.403(a)(2)'' and the summary document must be carried on the 
replacement vehicle for the duration of the lease. Enforcement 
officials will be able to use this summary document to determine the 
identity of the carrier responsible for regulatory compliance.
    ABA, UMA, Jefferson Bus Lines, Plymouth & Brockton, Academy Bus 
LLC, DeCamp Bus Lines, Burlington Trailways, Thielen Bus Lines, and 
Coach USA support the 2018 NPRM's proposal. ABA writes, ``this is a 
sound change that properly captures emergency situations for when 
passengers are and are not on a vehicle. It also provides added 
flexibility to address unexpected situations that have little lead time 
and require short-term replacement vehicles. Additional flexibility, 
when needing to meet customer needs both in the interest of safety and 
comfort, is critical in terms of successfully conducting passenger 
operations.''
    UMA requested clarification in this final rule that ``. . . the 
caveat that two or more passenger carriers possessing operating 
authority are not compelled to enter into a lease continues to apply.'' 
UMA believes that the general exception from the leasing requirements 
for passenger carriers with active operating authority in proposed 
Sec.  390.401(b)(1) supersedes the delayed-lease provision in proposed 
Sec.  390.403(a)(2) when both carriers in a replacement vehicle 
scenario have operating authority.
FMCSA Response
    FMCSA implements the delayed-lease provision as proposed. UMA's 
understanding is correct; an authorized carrier hiring a replacement 
CMV from another authorized carrier is not subject to the delayed-lease 
provision of Sec.  390.403(a)(2). As stated above, enforcement 
officials will be able to use the 48-hour lease delay exception summary 
document to determine the identity of the carrier responsible for 
safety and to assign inspection, compliance, crash, and enforcement 
data to the correct carrier and driver. This will allow the Agency to 
identify unsafe and high risk carriers and to take appropriate action. 
Because the exception's summary document must be signed and dated by 
the lessee's driver or available company official and carried on the 
replacement vehicle for the duration of the lease, the vehicle will be 
readily identifiable. FMCSA has concluded that this change will not 
adversely affect safety.
Lease and Interchange Requirements
    The lease and interchange requirements have been revised, as 
proposed, by moving Sec.  390.303(a)(1)(iii), which covers written 
agreements governing the renting, borrowing, loaning, or similar 
transfer of a passenger-carrying CMV from another party, to Sec.  
390.403(a)(1), which makes paragraph (a)(1)(iii) unnecessary.
    Section 390.403(b) specifies the contents of lease and interchange 
documents. This paragraph requires the lease, interchange agreement, or 
other agreement to contain: (1) The name of the vehicle manufacturer, 
the year of manufacture, and the last 6 digits of the Vehicle 
Identification Number; (2) the legal names, contact information, and 
signatures \11\ of both parties; (3) the time and date when the lease 
begins and ends; and (4) a statement that the lessee has exclusive 
possession and control of the leased vehicle and is responsible for 
regulatory compliance.
---------------------------------------------------------------------------

    \11\ FMCSA allows the use of electronic signatures in accordance 
with the Government Paperwork Elimination Act (Pub. L. 105-277, Sec. 
1703, 112 Stat. 2681-749, Oct. 21, 1998). See FMCSA's ``Regulatory 
Guidance Concerning Electronic Signatures and Documents (76 FR 411, 
Jan. 4, 2011) and the Electronic Signature final rule's Sec. Sec.  
390.5, 390.5T, and 390.32, April 16, 2018 (83 FR 16210, 16226-7).
---------------------------------------------------------------------------

    Previous Sec.  390.303(b)(4)(i)-(iii) was a slightly revised 
version of 49 CFR 376.12(c)(1), (2) and (4). Paragraph (b)(4)(i) is 
essential because it sets forth the basic reason for a lease from 
FMCSA's point of view, namely to assign full responsibility for 
regulatory compliance to the lessee. As proposed in the 2018 NPRM, 
FMCSA makes this paragraph more concise, moves paragraph (b)(3)(ii) to 
Sec.  390.403(b)(4)(ii), and retains only the last sentence of that 
provision. Paragraph (b)(4)(iii) in the 2015 final rule is a useful 
disclaimer, should questions arise about the status of the lessor 
(contractor or employee) in a tax context, but FMCSA does not believe 
it is essential. Therefore, FMCSA has shortened paragraphs (b)(4)(i) 
and (b)(4)(ii) and has removed paragraph (b)(4)(iii).
    FMCSA removes the requirement in previous Sec.  390.303(b)(5) that 
the lease contain a statement that the lessee is responsible for 
compliance with the insurance requirements of 49 CFR part 387.

[[Page 40279]]

    Previous Sec.  390.303(c) and (d) have been merged and made more 
concise and transferred to Sec.  390.403(c), which states that a copy 
of the lease must be carried in the passenger-carrying CMV during the 
period of the lease or interchange agreement. Both the lessee and 
lessor retain the lease or interchange agreement for 1 year afterwards.
    Previous Sec.  390.303(e) regarding receipts has been removed. 
FMCSA has decided it does not need receipts when vehicles are 
surrendered to the lessee and returned to the lessor. If FMCSA or 
another government enforcement agency sought to assign a safety 
incident to the lessee or the lessor based on a lease or other 
agreement that had already been terminated, the former parties to the 
lease would have to decide how to document that premature 
termination.As proposed, FMCSA removes the requirements of Sec.  
390.303(f) for additional temporary markings of leased and interchanged 
passenger-carrying CMVs, and returns to the text of the marking rule in 
Sec.  390.21(e) that was effective on July 1, 2015, with slight 
modifications. The modifications add references to leased passenger-
carrying CMVs in paragraph (e) to provide an option similar to that for 
rented CMVs. This modification would eliminate the cost of additional 
marking of the vehicles while maintaining all of the information 
necessary for enforcement officials to identify the carrier for 
regulatory compliance.
    No comments were received about these lease and interchange 
requirements in Sec.  390.403 covering written agreements governing the 
renting, borrowing, loaning, or similar transfer of a passenger-
carrying CMV from another party.
FMCSA Response
    As the Agency received no comments about the proposed Sec.  390.403 
lease and interchange requirements for passenger carriers, the 
requirements are adopted with a reference to the compliance date. FMCSA 
adds a January 1, 2021, compliance date for passenger-carrying CMVs 
subject to the lease and interchange rules to Sec.  390.401's 
introductory phrase.
    This final rule helps FMCSA, NTSB, and State safety officials to 
identify the passenger carrier responsible for safety and to assign 
inspection, compliance, crash, and enforcement data to the correct 
carrier and driver, allowing the Agency, NTSB, and other enforcement 
officials to more accurately identify the carrier for regulatory 
compliance, identify unsafe and high risk carriers, and to take 
appropriate action. FMCSA has concluded that the changes in the lease 
and interchange requirements of this final rule will not adversely 
affect safety.
Example of Proposed Rule Implementation
    A private citizen, Lawrence F. Hughes, requested clarification of 
the implementation example for ``Subcontracting Among Regular Route 
Authorized Carriers'' [83 FR 47764, at 47773] and restated below under 
section VII. B. In the example, authorized carrier A hires authorized 
carrier B to continue authorized carrier A's regular-route 
transportation service to carrier A's regular-route trip destination. 
Mr. Hughes argues that the example lacks necessary details to be 
sufficiently clear as to the circumstances when it applies, and that 
the example fails to note when it does not apply and the rules for 
leases must be followed. He suggested either clarification of the 
example or a change in the method by which FMCSA registers motor 
carriers of passengers.
FMCSA Response
    First, changing the method by which FMCSA registers motor carriers 
of passengers is outside the scope of the 2018 NPRM.
    Second, regardless of whether the active operating authority 
registration is of the subtype ``regular route'' or ``charter and 
special transportation,'' each authorized for-hire motor carrier must 
conduct the transportation in its own name, under its own authority, 
with its owned, leased, or borrowed vehicles, and is therefore 
responsible for compliance with the FMCSRs.
    Third, the ICC Termination Act of 1995 (ICCTA) [Pub. L. 104-88, 109 
Stat. 803, 880, Dec. 29, 1995, codified at 49 U.S.C. 13902] eliminated 
``regular route'' or ``charter and special transportation'' limitations 
when registering most motor carriers of passengers. Before ICCTA, the 
statute required all for-hire motor carrier of passengers to 
administratively register with the ICC as subtype ``regular route'' or 
``charter and special transportation'' motor passenger carrier, and 
generally prohibited that motor carrier from doing the other subtypes 
of passenger transportation service, unless granted additional 
operating authority to do so. The ICCTA eliminated these administrative 
labels, except for registrations for motor carriers that are ``public 
recipients of governmental assistance.'' \12\ Thus, a motor carrier of 
passengers previously issued ``regular route'' operating authority has 
general authority to perform ``charter and special transportation,'' 
whatever its certificate, permit, or license may say. Similarly, a 
motor carrier of passengers previously issued ``charter and special 
transportation'' operating authority also has general authority to 
perform ``regular route'' service. This elimination of administrative 
service terminology is similar to the ICCTA's removal of the 
registration labels and transportation service limitations of 
``common'' and ``contract'' motor carriers.\13\
---------------------------------------------------------------------------

    \12\ See 49 U.S.C. 13902(b)(1) and (2), and 49 CFR 365.101(e).
    \13\ Many instances of the terms ``common'' and ``contract'' 
were removed in the Unified Registration System (URS) final rules 
published in 2013, 2015, and 2016 (Final Rule, Unified Registration 
System, 78 FR 52608 (Aug. 23, 2013), amendments, corrections, and 
delayed effective and compliance dates published at 80 FR 63703, 
October 21, 2015, and 81 FR 49553, July 28, 2016.), and in the 2016 
General Technical, Organizational, Conforming, and Correcting 
Amendments to the Federal Motor Carrier Safety Regulations final 
rule published at 81 FR 68336 (Oct. 4, 2016) many instances of the 
terms ``regular route'' and ``irregular route,'' as well as 
``common'' and ``contract'' were also removed. See also Elimination 
of Route Designation Requirement for Motor Carriers Transporting 
Passengers Over Regular Routes final rule published at 74 FR 2895 
(Jan. 16, 2009).
---------------------------------------------------------------------------

    However, if carrier A hires carrier B to conduct a regular-route 
passenger transportation service and at least one of the two carriers 
does not have active operating authority registraton, then the lease 
and interchange requirements of this final rule apply.
Out-of-Scope Comment
    Greyhound, Coach USA, and Adirondack Trailways asked FMCSA (1) to 
clarify that entities that lease buses or drivers and control their 
operations to the extent of control exercised by FlixBus, OurBus, and 
similar technology entities, are bound by the requirements of the rule; 
and (2) to determine that the services of these entities make them 
motor carriers ``providing motor vehicle transportation for 
compensation''--not brokers--and subject them to the full range of 
FMCSA regulations. They argue that there is undisputed evidence 
FlixBus, OurBus, and similar entities should be subject to the 2018 
NPRM and this final rule.
    FlixBus, Inc. argued that the Agency should reject requests to make 
it subject to the 2018 NPRM's proposed requirements and other FMCSA 
regulations as a ``motor carrier.'' FlixBus claims it is a 
transportation technology company that does not own, lease, or operate 
passenger-carrying CMVs. It does not employ drivers. It provides a 
consumer-facing platform travelers can use to purchase transportation 
provided by one of its bus partners.

[[Page 40280]]

    FlixBus also argues FMCSA should disregard the Greyhound, Coach 
USA, and Adirondack Trailways requests because their comments are 
beyond the scope of this rulemaking. FlixBus argues this rulemaking 
addresses rules that will apply to motor carriers of passengers that 
lease and interchange vehicles; it does not attempt to address which 
entities are or should be regulated as ``motor carriers.'' 
``Petitioners cannot unilaterally expand the scope of this rulemaking 
through their comments, nor are those comments entitled to a 
substantive response.''
FMCSA Response
    FMCSA agrees with FlixBus that this issue is outside the scope of 
the 2018 NPRM. FMCSA reviewed FlixBus, OneBus, and other similar 
operations. At the time, these operations were not found to be motor 
carriers of passengers that lease or interchange vehicles. Thus, 
FlixBus and OneBus are not required to comply with the terms of this 
final rule. Changed operations or other business models may subject 
companies to this rule.
Additional Out-of-Scope Comment
    Adirondack Trailways requested that its businesses be exempt from 
the marking requirements in Sec.  390.21(b)(3).
FMCSA Response
    FMCSA did not propose any changes to Sec.  390.21(b)(3) and this 
comment is thus outside the scope of the 2018 NPRM.

C. Examples of Final Rule Implementation

    The following examples were published in the NPRM and remain 
applicable to this final rule.
Complete Contract Transfer Example
    Authorized carrier A is contracted to transport a tour or travel 
group on a trip, but finds itself without the capacity to accommodate 
the group. Carrier A completely transfers the contract to authorized 
carrier B that has the necessary capacity. Carrier A may or may not pay 
a fee to carrier B for taking over the contract. A complete transfer 
would require carrier A to cancel its contract with the customer and 
carrier B to create a new contract with the customer. The final rule 
does not apply to these transactions because these transactions do not 
qualify as a ``lease'' (or interchange), as defined in Sec.  390.5, of 
a passenger-carrying CMV.
Complete Subcontracting Among Authorized Carriers
    Authorized carrier A lacks the capacity to execute a contracted 
trip and hires authorized carrier B to make the trip while maintaining 
its contract with the customer. This arrangement is documented by a 
charter contract between carriers A and B. Carrier A pays carrier B for 
the trip. This arrangement is not a lease, first because carrier B is 
not granting the use of a passenger-carrying CMV to carrier A, and 
second because both carriers are authorized carriers. Instead, carrier 
B is making the trip in its own name, on its own authority, with its 
own vehicles and is therefore responsible for compliance with the 
FMCSRs. This final rule therefore does not apply to this arrangement.
Partial Subcontracting Among Authorized Carriers
    Assuming the same facts as described above, except that authorized 
carrier A provides some of the transportation service while contracting 
with authorized carrier B for the remainder, this arrangement is not a 
lease, first because carrier B is not granting the use of a passenger-
carrying CMV to carrier A, and second because both carriers are 
authorized carriers. Carrier A pays carrier B for the transportation 
service as part of a charter contract. Carrier B is not surrendering 
control of a passenger-carrying CMV to carrier A for its own use. Both 
carriers are authorized carriers providing transportation in their own 
name, on their own authority, with their own vehicles, and each is 
independently responsible for compliance with the FMCSRs.
Subcontracting Among Regular Route Authorized Carriers
    Authorized carrier A, which provides regular route passenger 
transportation services according to a fixed schedule, finds itself 
without the capacity to execute a route. Carrier A hires authorized 
carrier B to continue this service. This arrangement is documented by a 
charter contract between carriers A and B. Carrier A pays carrier B for 
the transportation service. This arrangement is not a lease, first 
because carrier B is not granting the use of a passenger-carrying CMV 
to carrier A, and second because both carriers are authorized carriers. 
This arrangement is also not an interchange because carriers A and B 
are not conducting a through movement. The final rule does not apply to 
this arrangement. Carrier B will conduct the transportation in its own 
name, on its own authority, with its own vehicle(s), and is therefore 
responsible for compliance with the FMCSRs.
Other Business Arrangements Between Passenger Carriers
Example 1
    Carrier A is exempt under 49 U.S.C. 13506 from the requirement for 
operating authority--for example, because of the hotel exemption in 
section 13506(a)(3) \14\--but finds itself without the capacity to 
accommodate a group that it originally intended to transport. When this 
occurs, carrier A hires authorized carrier B to provide charter 
passenger transportation of the group in whole or in part. This 
arrangement is documented by a charter contract between carriers A and 
B. Carrier A pays carrier B for the transportation service, but is not 
a lessee of carrier B's vehicle. Therefore, this arrangement is not a 
lease. Carrier B does not claim the exemption in section 13506(a)(3) 
but conducts the transportation in its own name, on its own authority, 
with its own vehicle(s) and is therefore responsible for compliance 
with the FMCSRs. This final rule does not apply to this arrangement.
---------------------------------------------------------------------------

    \14\ Section 13506 lists the miscellaneous motor carrier 
transportation exemptions. Under section 13506(a)(3), neither the 
Secretary nor the Board has jurisdiction over a motor vehicle owned 
or operated by or for hotel patrons between the hotel and the local 
station of a carrier.
---------------------------------------------------------------------------

Example 2
    Private motor carrier of passengers A finds itself without the 
capacity to transport the members of its organization. Carrier A 
therefore hires authorized carrier B to provide charter passenger 
transportation of the group in whole or in part. This arrangement is 
documented by a charter contract between carriers A and B. Carrier A 
pays carrier B for the transportation service. Carrier A is not a 
lessee and the arrangement is not a lease or interchange because 
carrier B conducts the transportation in its own name, on its own 
authority, with its own vehicle(s) and is therefore responsible for 
compliance with the FMCSRs. The final rule does not apply to this 
arrangement.
Example 3
    Carrier A is an exempt for-hire motor carrier of passengers (under 
49 U.S.C. 13506) that finds itself without the capacity to accommodate 
a group it originally intended to transport. Carrier A uses a 
passenger-carrying CMV owned by authorized carrier B. This transaction 
is a lease under the final rule and is subject to its requirements

[[Page 40281]]

because carrier A is not authorized to operate for-hire in interstate 
commerce. In this case, carrier B is a lessor that is surrendering 
control of a passenger-carrying CMVs to carrier A for the use of that 
carrier. Carrier A will conduct the transportation in its own name 
under its own safety registration (i.e., USDOT number) with the CMV 
leased from carrier B, with or without drivers provided by carrier B, 
and is therefore responsible for compliance with the FMCSRs.
Example 4
    Private motor carrier of passengers A finds itself without the 
capacity to accommodate a group it originally intended to transport. 
Carrier A uses a passenger-carrying CMV owned by authorized carrier B. 
This transaction is a lease under this final rule and is subject to its 
requirements because carrier A is not authorized to operate for-hire in 
interstate commerce. In this case, carrier B is a lessor that is 
surrendering control of a passenger-carrying CMVs to carrier A for the 
use of that carrier. Carrier A will conduct the transportation in its 
own name under its own safety registration (i.e., USDOT number) with 
the CMV leased from carrier B, with or without drivers provided by 
carrier B, and is therefore responsible for compliance with the 
applicable FMCSRs.
Example 5
    Authorized carrier A lacks the capacity to execute a contracted 
trip and uses a passenger-carrying CMV owned by private motor carrier 
of passengers, carrier B. This transaction is a lease under the final 
rule and is subject to its requirements because private carrier B is 
not authorized to operate for-hire in interstate commerce and cannot be 
hired to provide transportation. In this case, carrier B is a lessor 
that is surrendering control of its passenger-carrying CMV to carrier 
A. Carrier A will conduct the transportation in its own name, under its 
own authority, with the CMV leased from the private motor carrier of 
passengers, with or without drivers provided by carrier B, and is 
therefore responsible for compliance with the FMCSRs.
Example 6
    Private motor carrier of passengers A finds itself without the 
capacity to transport the members of its organization and uses a 
passenger-carrying CMV owned by private motor carrier of passengers B. 
This transaction is a lease under the final rule and is subject to the 
requirements of this rule because neither carrier has the authority to 
conduct for-hire operations in interstate commerce. In this case, 
carrier B is a lessor that is surrendering control of its passenger-
carrying CMV to carrier A for the use of that carrier. Carrier A will 
conduct the transportation in its own name, under its own safety 
registration (i.e., USDOT number), with the CMV leased from carrier B, 
with or without drivers provided by carrier B, and is therefore 
responsible for compliance with the applicable FMCSRs.
Example 7
    For-hire passenger carrier A had its operating authority revoked 
for lack of adequate insurance coverage. Carrier A wishes to generate 
revenue from its otherwise idle CMVs. It therefore negotiates an 
arrangement with authorized carrier B to surrender control of its 
passenger-carrying CMVs to carrier B for a fee. This arrangement is a 
lease under the final rule and would be subject to its requirements 
because carrier A is not authorized to operate for-hire in interstate 
commerce. In this case, carrier A is simply a lessor. Carrier B would 
conduct the transportation in its own name, under its own authority, 
with the CMVs leased from carrier A, with or without drivers provided 
by carrier A, and is therefore responsible for compliance with the 
FMCSRs.

VI. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VII. Section-By-Section Description of the Rule

A. Section 390.5 Definitions

    Section 390.5 is amended to revise the definitions of lease, 
lessee, and lessor and these terms apply specifically to motor carriers 
of passengers.

B. Section 390.21 Marking of Self-Propelled CMVs and Intermodal 
Equipment

    Section 390.21 is returned nearly to the form before the May 27, 
2015, final rule's effective date. In the paragraph (e) header, FMCSA 
replaces ``Rented property-carrying commercial motor vehicles'' with 
the phrase ``Rented CMVs and leased passenger-carrying CMVs.'' 
Throughout paragraph (e), the Agency adds the phrase ``or lease'' after 
the term ``rental agreement.'' When referring to a ``renting motor 
carrier,'' the Agency adds the phrase ``or lessee'' immediately after 
it. In paragraph (e)(2)(iv), in addition to the cross reference to the 
property-carrying leasing regulations in 49 CFR part 376, FMCSA adds a 
cross reference to the passenger-carrying leasing regulations in 
subpart G of part 390 so that the revised sentence reads ``See the 
property-carrying leasing regulations at 49 CFR part 376 and the 
passenger-carrying leasing regulations at subpart G of this part for 
information that should be included in all leasing documents.'' FMCSA 
adds paragraph (e)(2)(v)(A) to Sec.  390.21 to allow the passenger-
carrying CMV operating under the 48-hour emergency exception pursuant 
to Sec.  390.403(a)(2) to be excepted from paragraphs Sec.  
390.21(e)(2)(iii) and (iv), provided the lessor and lessee comply with 
the requirements of the provision in Sec.  390.403(a)(2). FMCSA adds 
Sec.  390.21(e)(2)(v)(B) to set a January 1, 2021, compliance date for 
the paragraph (e) requirements for passenger-carrying CMVs subject to 
the lease and interchange rules under subpart G (Sec. Sec.  390.401 and 
390.403). This date is identical to the compliance date in Sec. Sec.  
390.401 and 390.403.
    FMCSA removes Sec.  390.21(f) and redesignates paragraphs (g) and 
(h) as paragraphs (f) and (g), respectively, as they were on July 1, 
2015.\15\
---------------------------------------------------------------------------

    \15\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=b9ddca68b462ed0f3d5758839de97752&pitd=20150701&node=pt49.5.390&rgn=div5#se49.5.390_121 (accessed June 3, 2019).
---------------------------------------------------------------------------

C. Part 390, Subpart F Lease and Interchange of Passenger-Carrying 
Commercial Motor Vehicles

    Subpart F, including Sec. Sec.  390.300T, 390.301, 390.303, and 
390.305, is removed and reserved.

D. Part 390, Subpart G Lease and Interchange of Passenger-Carrying 
Commercial Motor Vehicles

    Subpart G, consisting of Sec. Sec.  390.401 and 390.403, is added. 
These sections include the applicability of the final rule, the two 
general exceptions, the civil penalties for failure to meet applicable 
requirements, and the requirements for every lease or interchange.

E. Section 390.401 Applicability

    Paragraph (a) explains the general applicability of Subpart G. The 
compliance date of this section is January 1, 2021.
    Paragraph (b) provides two exceptions to the general rule. 
Paragraph (b)(1) makes the rules in Sec. Sec.  390.401 and 390.403 
inapplicable to contracts and

[[Page 40282]]

agreements between motor carriers of passengers that have active FMCSA 
operating authority. This exception is applicable when one such motor 
carrier acquires transportation service(s) from another such motor 
carrier(s), whether those agreements are designated sub-charters, farm-
out charters, subcontracts, pooling agreements approved by the U.S. 
Surface Transportation Board, or through-service \16\ agreements.
---------------------------------------------------------------------------

    \16\ A through-service agreement involves a change in the 
operating provider of the transportation at a specified boundary on 
a regular schedule. This is usually accomplished at specific 
locations where equipment, drivers, or motor carriers are changed.
---------------------------------------------------------------------------

    Paragraph (b)(2) makes the rules in Sec. Sec.  390.401 and 390.403 
inapplicable to Financial leases (however designated, e.g., lease, 
closed-end lease, hire purchase, lease purchase, purchase agreement, 
installment plan, demonstration or loaner vehicle, etc.) between a 
motor carrier and a bank or similar financial organization or a 
manufacturer or dealer of passenger-carrying CMVs. This provision 
repromulgates the same section of the 2015 final rule.
    Paragraph (c) provides that if the use of a passenger-carrying CMV 
is arranged between motor carriers subject to both rules in Sec. Sec.  
390.401 and 390.403 and either carrier fails to meet all applicable 
requirements of subpart G, both motor carriers are subject to a civil 
penalty.

F. Section 390.403 Lease and Interchange Requirements

    Paragraph (a)(1) sets out the two instances in which a lease or 
other agreement is required (and the lease or agreement must then meet 
the conditions of paragraphs (b) and (c) of this section) beginning on 
the compliance date of this rule, January 1, 2021. Paragraph (a)(2) 
allows the delayed writing of a lease or agreement after an emergency, 
such as a disabled vehicle, that disrupts or delays a trip, and, unlike 
the previous rule, does not limit the exception to times when 
passengers are on the bus.
    Paragraph (b) specifies the four required items of any lease, 
sublease, or interchange document required by this rule: (1) Vehicle 
identification information; (2) Parties; (3) Specific duration; and (4) 
Exclusive possession and responsibilities.
    Paragraph (c) explains when a copy of the lease or agreement must 
be on the passenger-carrying CMV and how long both the lessor and 
lessee must retain copies of the lease or agreement.

VIII. Regulatory Analyses

A. 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 the 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) \17\). This rule is not a major rule as defined under the 
Congressional Review Act (5 U.S.C. 801-808).
---------------------------------------------------------------------------

    \17\ Although the recent DOT Order 2100.6 (Policies and 
Procedures for Rulemakings) that was published December 20, 2018, 
cancels and supersedes this DOT Order 2100.5, the newer DOT Order 
2100.6 specifically notes that it ``does not apply to any rulemaking 
in which a notice of proposed rulemaking was issued before the 
effective date of this Order,'' which was December 20, 2018. 
Therefore, because the NPRM for this final rule was published 
September 20, 2018 (83 FR 47764), the newer DOT Order 2100.6 does 
not apply and therefore is not cited here.
---------------------------------------------------------------------------

    The Agency received eighteen comments on the 2018 NPRM. None 
specifically addressed the regulatory analyses that were presented in 
the NPRM. The only substantive change made to the regulatory evaluation 
from the NPRM to this final rule is that the analysis time period has 
been updated to reflect the December 4, 2018, extension of the 
compliance date for the May 2015 final rule from January 1, 2019, to 
January 1, 2021 (83 FR 62505). Because this rule revises the 
regulations established in the 2015 final rule, that rule serves as the 
baseline against which the effects of this rule are evaluated. When the 
regulatory evaluation for the NPRM was performed, the compliance date 
for the 2015 final rule was January 1, 2019, and therefore the analysis 
period likewise began as of 2019. As noted, on December 4, 2018, the 
Agency extended the compliance date for the 2015 final rule to January 
1, 2021. Therefore, the analysis period for this rule now begins as of 
2021. The primary result of this change is a less than 2 percent 
increase in the annualized cost savings. This small increase is 
primarily a reflection of the slightly larger number of passenger 
carriers and CMV trips that experience regulatory relief in future 
years under the new analysis time period, consistent with the modest 
baseline annual industry growth rate projections used in the analysis.
    As described earlier, the rule reduces the scope of the lease and 
interchange requirements for motor carriers of passengers. Furthermore, 
those passenger carriers and passenger-carrying CMV trips for which the 
rule remains applicable are subject to lease and interchange 
requirements that are reduced in comparison to those of the 2015 final 
rule. At the same time, FMCSA believes that the lease and interchange 
requirements of the rule still enable safety officials and the public 
to sufficiently identify the passenger carrier responsible for safety 
because each authorized for-hire motor carrier must conduct the 
transportation in its own name, under its own authority, with its 
owned, leased, or borrowed vehicles, and is therefore responsible for 
compliance with the FMCSRs. Therefore, FMCSA estimates that the rule 
results in a cost savings, but will not result in any change to safety 
benefits.
    The Agency estimates that the rule will result in a cost savings of 
$76.5 million on an undiscounted basis, $67.7 million discounted at 3 
percent, and $58.5 million discounted at 7 percent over the 10-year 
analysis period, expressed in 2016 dollars. On an annualized basis, 
this equates to a 10-year cost savings of $7.9 million at a 3 percent 
discount rate and $8.3 million at a 7 percent discount rate.
Key Inputs to the Analysis
    The rule revises regulations established in the 2015 final rule, 
therefore the 2015 final rule serves as the baseline against which the 
effects of this rule are evaluated. Many of the key inputs to this 
analysis of the rule are based on the same data sources and methods as 
those developed and used in the evaluation of the 2015 final rule, with 
various updates made as needed to reflect more recently available data 
and information. Therefore, a copy of the regulatory evaluation for the 
2015 final rule is available in the docket for this final rule, and, 
where applicable, the Agency cites that document in the analysis 
below.\18\ The analysis of this final rule utilizes a 10-year analysis 
period of 2021 to 2030, and all monetary values are expressed in 2016 
dollars.
---------------------------------------------------------------------------

    \18\ U.S. Department of Transportation (DOT), FMCSA. ``Final 
Rule. Lease and Interchange of Vehicles; Motor Carriers of 
Passengers. Regulatory Evaluation.'' May 2015. Docket ID# FMCSA-
2012-0103-0022. Available at: https://www.regulations.gov/contentStreamer?documentId=FMCSA-2012-0103-0022&attachmentNumber=1&contentType=pdf (accessed June 3, 2019).

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

[[Page 40283]]

Number of Passenger Carriers Experiencing Regulatory Relief Under the 
Rule
    The Agency estimates that an annual average of 8,366 motor carriers 
of passengers will experience regulatory relief under the rule, as 
discussed below. This represents the average over the 10-year analysis 
period of the individual annual estimates of the total number of 
passenger carriers experiencing regulatory relief under the rule, which 
are presented in Table 2. As also shown in Table 2, the Agency 
estimates that approximately 75 percent of this total number of 
passenger carriers will experience full regulatory relief and are no 
longer subject to the lease and interchange requirements for passenger-
carrying CMVs because of the rule. The remaining 25 percent of these 
passenger carriers will experience partial regulatory relief and remain 
subject to reduced lease and interchange requirements compared to those 
of the 2015 final rule.

          Table 2--Estimated Number of Passenger Carriers Experiencing Regulatory Relief Under the Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Passenger       Total passenger
                                                             Passenger           carriers           carriers
                                                              carriers         experiencing       experiencing
                          Year                           experiencing full       partial       regulatory relief
                                                         regulatory relief  regulatory relief    under the rule
                                                           under the rule     under the rule         \(a)\
----------------------------------------------------------------------------------------------------------------
2021...................................................              6,035              2,012              8,046
2022...................................................              6,087              2,029              8,116
2023...................................................              6,139              2,046              8,186
2024...................................................              6,192              2,064              8,256
2025...................................................              6,246              2,082              8,328
2026...................................................              6,300              2,100              8,400
2027...................................................              6,354              2,118              8,472
2028...................................................              6,409              2,136              8,545
2029...................................................              6,464              2,155              8,619
2030...................................................              6,520              2,173              8,693
                                                        --------------------------------------------------------
    Annual average.....................................              6,275              2,092              8,366
----------------------------------------------------------------------------------------------------------------
Notes:
\(a)\ Values may not equal the sum of the components due to rounding.

    To derive the estimates presented in Table 2 of the number of 
passenger carriers experiencing regulatory relief under the rule, FMCSA 
first estimated the number of passenger carriers that, in the absence 
of the rule, would be affected by the lease and interchange 
requirements of the 2015 final rule. This estimate is based on the same 
data sources and methods as those developed and used in the evaluation 
of the 2015 final rule \19\ but updated to reflect more recently 
available data and information. The Agency used data from the FMCSA 
Motor Carrier Management Information System (MCMIS) and the FMCSA 
Licensing and Insurance (L&I) system to develop a new baseline value 
for the reported number of all active interstate passenger carriers 
operating in the U.S. as of the end of calendar year 2017, namely 
13,386 carriers.^{20 21}
---------------------------------------------------------------------------

    \19\ Further details regarding the specific data sources and 
methods can be found in U.S. DOT, FMCSA, ``Final Rule. Lease and 
Interchange of Vehicles; Motor Carriers of Passengers. Regulatory 
Evaluation.'' May 2015. Pages 9 to 12.
    \20\ U.S. DOT, FMCSA. Motor Carrier Management Information 
System (MCMIS), and Licensing and Insurance (L&I) system. Snapshots 
as of December 29, 2017 (Data Analysis and Reports Team (DART) 
request ID # 38883).
    \21\ The total number of 13,386 passenger carriers as of the end 
of 2017 represents 11,705 unique carriers, because some carriers 
provide passenger service in more than one of the operation 
classifications shown. Consistent with the approach used in the 
regulatory evaluation for the May 2015 final rule, the larger number 
was used here to not risk underestimating the number of affected 
passenger carriers and the corresponding cost of the lease and 
interchange requirements of the May 2015 final rule.
---------------------------------------------------------------------------

    Of this total population, the Agency estimates that, in the absence 
of this rule, 7,774 of these passenger carriers would be subject to the 
May 2015 final rule. This estimate is based on the same methods as 
those developed and used in the evaluation of the 2015 final rule, and 
assumes that under that rule 100 percent of authorized for-hire 
carriers, 100 percent of exempt for-hire carriers, and 10 percent of 
private passenger carriers would be subject to the lease and 
interchange requirements for passenger-carrying CMVs.\22\
---------------------------------------------------------------------------

    \22\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 9 to 12.

Table 3--Reported Number of Active Interstate Passenger Carriers Operating in the U.S. (as of December 29, 2017)
        and Estimated Number That Would Be Subject to the May 2015 Final Rule in the Absence of the Rule
----------------------------------------------------------------------------------------------------------------
                                                                Number (and percent) estimated to be subject to
     Type of passenger carrier operation        Total number     the May 2015 final rule in the absence of the
                                                 of carriers                          rule
----------------------------------------------------------------------------------------------------------------
Authorized For-Hire \(a)\....................           6,629  6,629 (100% of total).
Exempt For-Hire (9+) \(b)\...................             340  340 (100% of total).
Exempt For-Hire (16+) \(c)\..................             181  181 (100% of total).
Private (business) \(d)\.....................           2,599  260 (10% of total).

[[Page 40284]]

 
Private (non-business) \(e)\.................           3,637  364 (10% of total).
                                              ------------------------------------------------------------------
    Total \(f)\..............................          13,386  7,774.
----------------------------------------------------------------------------------------------------------------
Notes:
\(a)\ A commercial entity whose primary business activity is the transportation of passengers by motor vehicle
  for compensation.
\(b)\ A for-hire entity that is exempt under 49 U.S.C. 13506, and operates at least one passenger vehicle
  designed or used to accommodate 9 or more passengers including the driver.
\(c)\ A for-hire entity that is exempt under 49 U.S.C. 13506, and operates at least one passenger vehicle
  designed or used to accommodate 16 or more passengers including the driver.
\(d)\ A private entity engaged in the interstate transportation of passengers which is provided in the
  furtherance of a commercial enterprise and is not available to the public at large.
\(e)\ A private entity involved in the interstate transportation of passengers that does not otherwise meet the
  definition of a ``private (business)'' motor carrier of passengers as noted above.
\(f)\ The total number of 13,386 passenger carriers shown represents 11,705 unique carriers, because some
  carriers provide passenger service in more than one of the operation classifications shown. Consistent with
  the approach used in the regulatory evaluation for the May 2015 final rule, the larger number was used here to
  not risk underestimating the number of affected passenger carriers and the corresponding cost of the lease and
  interchange requirements of the May 2015 final rule.

    The 2017 value of 7,774 passenger carriers that would be subject to 
the 2015 final rule was then used as the basis to develop future 
projections over the 2021 to 2030 analysis period. The Agency developed 
these projections by increasing the baseline 2017 value of 7,774 
passenger carriers consistent with the occupation-specific employment 
growth projections for Standard Occupational Classification (SOC) Code 
53-3021 (Bus drivers, transit and intercity) obtained from the U.S 
Department of Labor (DOL) Bureau of Labor Statistics (BLS) Employment 
Projections Program which, from 2016 to 2026, is forecast to grow by 
0.86 percent annually.\23\ This results in a projection of the number 
of passenger carriers that, in the absence of this rule, would be 
subject to the 2015 rule each year over the 2021 to 2030 analysis 
period. In the absence of the rule, these passenger carriers would be 
subject to the 2015 rule. As discussed earlier, under the rule a large 
portion of these passenger carriers will no longer be subject to lease 
and interchange requirements, and the remaining carriers will be 
subject to reduced requirements. In Table 2, the column on the far 
right shows the projected number of passenger carriers that will 
experience regulatory relief under the rule over the 10-year analysis 
period of 2021 to 2030, which equals an annual average of 8,366 
passenger carriers.
---------------------------------------------------------------------------

    \23\ U.S. DOL BLS. ``Occupational Employment Projections. Table 
1.2: Employment by detailed occupation, 2016 and projected 2026.'' 
Available at: https://www.bls.gov/emp/ep_data_occupational_data.htm 
(accessed June 3, 2019).
---------------------------------------------------------------------------

    Table 2 also shows the subset of those 8,366 passenger carriers 
that under the rule will experience full regulatory relief and will no 
longer be subject to lease and interchange requirements. Over the 10-
year analysis period, the Agency estimates that an annual average of 
6,275 passenger carriers, or approximately 75 percent of the total 
number of carriers that will experience regulatory relief, will 
experience full regulatory relief. The Agency estimated this value by 
assuming that approximately 10 percent of authorized for-hire carriers 
will be subject to the lease and interchange requirements under this 
rule, rather than 100 percent as assumed previously under the 2015 
final rule and as shown in Table 3.
    For exempt for-hire carriers and private passenger carriers, the 
analysis assumes that 100 percent and 10 percent, respectively, of 
these carriers will continue to be subject to the lease and interchange 
requirements under the rule, the same percentages as under the 2015 
final rule and as shown in Table 3. Combined, these changes result in 
an estimated overall reduction of approximately 75 percent in the 
number of passenger carriers subject to lease and interchange 
requirements under the rule.\24\ This reduction is consistent with the 
comments and petitions for reconsideration that the Agency received, a 
number of which suggested that the scope of the 2015 final rule likely 
encompassed a relatively large proportion of passenger-carrying CMV 
trips in which both the lessor and the lessee were authorized carriers. 
Petitioners generally argued that such carriers should not be subject 
to lease and interchange requirements.
---------------------------------------------------------------------------

    \24\ As shown in Table 3, in 2017 an estimated 7,774 passenger 
carriers would be subject to the lease and interchange requirements 
of passenger-carrying CMVs under the May 2015 final rule. Under this 
rule, as noted, the analysis assumes that only 10 percent of 
authorized for-hire carriers will be subject to the lease and 
interchange requirements of passenger-carrying CMVs, or 10 percent 
of 6,629, which equals 663 authorized for-hire passenger carriers. 
The analysis also assumes that 100 percent of exempt for-hire 
carriers and 10 percent of private passenger carriers will continue 
to be subject to the lease and interchange requirements for 
passenger-carrying CMVs under the rule, which equals 100 percent of 
340 and 181 exempt for-hire carriers (totaling 521 exempt for-hire 
carriers), and 10 percent of 2,599 and 3,637 private carriers 
(totaling 624 private carriers). Therefore, the Agency estimates 
that 1,808 passenger carriers will be subject to the lease and 
interchange requirements of passenger-carrying CMVs in 2017 under 
this final rule, or 23.3 percent of those subject to the 
requirements under the 2015 final rule, which is rounded to 25 
percent for purposes of developing the future projections of 
affected passenger carriers presented in Table 2. Therefore, as a 
consequence of this final rule, there will be a 75 percent reduction 
in the number of passenger carriers subject to lease and interchange 
requirements.
---------------------------------------------------------------------------

    Finally, Table 2 also presents an estimate of the remaining subset 
of the annual average of 8,366 passenger carriers that will experience 
partial regulatory relief and remain subject to reduced lease and 
interchange requirements compared to those of the 2015 rule. Over the 
10-year analysis period, the Agency estimates that an annual average of 
2,092 passenger carriers, or approximately 25 percent of the total, 
will experience partial regulatory relief. As noted earlier, however, 
these carriers will be subject to reduced requirements compared to 
those of the 2015 final rule.

[[Page 40285]]

Number of CMV Trips Experiencing Regulatory Relief Under the Rule
    The Agency estimates that an annual average of 547,034 passenger-
carrying CMV trips will experience regulatory relief under the rule 
over the 10-year analysis period, as presented in Table 4 and discussed 
below. This estimate is based on the same methods as those developed 
and used in the evaluation of the 2015 final rule.\25\ The estimated 
number of passenger carriers that will experience regulatory relief 
under the rule (see Table 2) serves as the primary basis for the 
estimate of the number of trips that will experience regulatory relief 
under the rule. For each of the carriers in Table 2, the Agency assumed 
an estimated average of 64 trips per year would be operated with 
vehicles that would be considered leased or interchanged vehicles under 
the 2015 final rule. This is consistent with the assumptions used in 
the regulatory evaluation for the 2015 final rule.\26\ The estimated 
number of trips that will experience regulatory relief under the rule 
(see Table 4) also incorporates a modest upward adjustment to reflect 
an annual average of 11,400 trips operated by Greyhound, one of the 
largest U.S. interstate passenger carriers. This adjustment is 
consistent with the methods used in the evaluation of the 2015 final 
rule,\27\ and is based on data that Greyhound provided to FMCSA 
regarding trips with leased and interchanged vehicles in 2012.\28\
---------------------------------------------------------------------------

    \25\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Page 21, Table 6.
    \26\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Page 21, Table 6.
    \27\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 12 to 13.
    \28\ ``Lease and Interchange of Vehicles; Motor Carriers of 
Passengers. NPRM.'' September 20, 2013. Comments of Greyhound Lines, 
Inc., Docket ID number FMCSA-2012-0103-0010. Page 2. November 12, 
2013. Available at: https://www.regulations.gov/contentStreamer?documentId=FMCSA-2012-0103-0010&attachmentNumber=1&contentType=pdf (accessed June 3, 2019). 
Greyhound reported 10,263 passenger-carrying CMV trips performed in 
2012 by vehicles leased and interchanged. This 2012 value was then 
adjusted to reflect observed industry growth from 2012 to 2016 as 
represented by growth in employment for SOC Code 53-3021 (Bus 
drivers, transit and intercity), and then further adjusted to 
reflect employment growth projections for SOC Code 53-3021 (Bus 
drivers, transit and intercity).
---------------------------------------------------------------------------

    The Agency estimates that approximately 75 percent of these 
passenger-carrying CMV trips will experience full regulatory relief and 
will no longer be subject to the lease and interchange requirements of 
the 2015 final rule. The remaining 25 percent of these trips will 
experience partial regulatory relief and remain subject to reduced 
lease and interchange requirements compared to those of the 2015 final 
rule.

     Table 4--Estimated Number of Passenger-Carrying CMV Trips Experiencing Regulatory Relief Under the Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Passenger-
                                                             Passenger-       carrying  CMV
                                                           carrying  CMV          trips         Total CMV trips
                                                               trips           experiencing       experiencing
                          Year                              experiencing         partial           regulatory
                                                          full regulatory       regulatory     relief under  the
                                                         relief under  the  relief under  the       rule (a)
                                                                rule               rule
----------------------------------------------------------------------------------------------------------------
2021...................................................            394,583            131,528            526,111
2022...................................................            397,990            132,663            530,654
2023...................................................            401,427            133,809            535,237
2024...................................................            404,894            134,965            539,859
2025...................................................            408,391            136,130            544,521
2026...................................................            411,918            137,306            549,224
2027...................................................            415,475            138,492            553,967
2028...................................................            419,063            139,688            558,751
2029...................................................            422,682            140,894            563,576
2030...................................................            426,332            142,111            568,443
                                                        --------------------------------------------------------
    Annual average.....................................            410,276            136,759            547,034
----------------------------------------------------------------------------------------------------------------
Notes:
\(a)\ Values may not equal the sum of the components due to rounding.

Other Key Inputs to the Analysis
    The opportunity cost of the time employees of passenger carriers 
spend complying with the lease and interchange requirements represents 
approximately 95 percent of the total cost of the 2015 final rule. The 
cost savings from this rule are likewise heavily influenced by 
aggregate changes in the opportunity cost of employee time.
    The Agency evaluates changes in employee opportunity cost by using 
their labor costs. Labor costs comprise wages, fringe benefits, and 
overhead. Fringe benefits include paid leave, bonuses and overtime pay, 
health and other types of insurance, retirement plans, and legally 
required benefits (Social Security, Medicare, unemployment insurance, 
and workers' compensation insurance). Overhead includes any expenses to 
a firm associated with labor that are not part of employees' 
compensation, and typically includes many types of fixed costs of 
managing a body of employees, such as management and human resource 
staff salaries or payroll services. The economic costs of labor to a 
firm, in this case a passenger carrier, include all forms of 
compensation and labor related expenses. For this regulatory 
evaluation, the costs of labor to the firm are calculated to include 
base wages and fringe benefits, plus overhead.
    For the regulatory evaluation of both the 2015 final rule and this 
rule, the median hourly base wage rate for the BLS SOC code 53-1031, 
``First-Line Supervisors of Transportation and Material-Moving Machine 
and Vehicle Operators,'' is used as the basis for calculating the 
relevant cost of labor. For 2016, BLS reports an hourly base

[[Page 40286]]

wage rate of $27.54 for this occupation.\29\
---------------------------------------------------------------------------

    \29\ U.S. DOL BLS. ``Occupational Employment Statistics (OES). 
National.'' May 2016. March 31, 2017. Available at: https://www.bls.gov/oes/special.requests/oesm16nat.zip (accessed June 3, 
2019). The May 2017 BLS OES published in March 2018 did not report 
data for this BLS SOC code 53-1031. Therefore, the May 2016 data 
used in the analysis for the NPRM is used again here in the analysis 
for this final rule.
---------------------------------------------------------------------------

    BLS does not publish data on fringe benefits for specific 
occupations, but it does do so for broad industry groups in its 
Employer Costs for Employee Compensation (ECEC) publication. A fringe 
benefit rate of 57 percent (i.e., equal to 57 percent of the base wage 
rate) is used. This is based on information from the June 2016 BLS ECEC 
data, which for the ``Transportation and warehousing'' segment of 
private industry reports a benefits cost of $14.09 per hour worked, 
which represents 57 percent of wages and salaries in that industry 
segment of $24.73 per hour.\30\
---------------------------------------------------------------------------

    \30\ U.S. DOL BLS. ``Table 10: Employer costs per hour worked 
for employee compensation and costs as a percent of total 
compensation: Private industry workers, by industry group, June 
2016.'' Available at: https://www.bls.gov/news.release/archives/ecec_09082016.pdf (accessed June 3, 2019).
---------------------------------------------------------------------------

    Finally, for estimating overhead rates, the Agency used industry 
data gathered for the Truck Costing Model developed by the Upper Great 
Plains Transportation Institute, North Dakota State University.\31\ 
Research conducted for this model found an average cost of $0.107 per 
mile of CMV operation for management and overhead, and $0.39 per mile 
for labor, indicating an overhead rate of 27 percent (27% = $0.107 / 
$0.39 (rounded to the nearest whole percent)).
---------------------------------------------------------------------------

    \31\ Berwick, Farooq. ``Truck Costing Model for Transportation 
Managers.'' North Dakota State University. Upper Great Plains 
Transportation Institute. August 2003. Appendix A, pp. 42-47. 
Available at: https://www.mountain-plains.org/pubs/pdf/MPC03-152.pdf 
(accessed June 3, 2019).
---------------------------------------------------------------------------

    Combined, the overall relevant cost of labor, including base wage 
rate, fringe benefits, and overhead, for passenger carriers that will 
experience regulatory relief under the rule is $54.91 per hour.
Costs
    The rule will not result in any increase in costs. It revises the 
2015 final rule, which serves as the baseline against which the effects 
of this rule are evaluated. Absent this rule, the Agency estimates that 
the baseline costs of the 2015 final rule over the 10-year analysis 
period of 2021 to 2030 would be $10.6 million on an annualized basis at 
a 7 percent discount rate, expressed in 2016 dollars.\32\ As noted 
earlier, the Agency estimates that the rule will result in a cost 
savings of $8.3 million at a 7 percent discount rate relative to the 
2015 baseline, representing a 79 percent overall reduction in cost.
---------------------------------------------------------------------------

    \32\ This annualized cost estimate of $10.6 million differs 
somewhat from the value of $8.0 million that was presented in the 
regulatory evaluation for the 2015 final rule primarily due to 
various real and nominal updates made to reflect more recently 
available data and information, as well as the different time frames 
covered by the 10-year analysis period for each respective analysis 
(previously 2017 to 2026, and now 2021 to 2030).
---------------------------------------------------------------------------

    The estimated reduction of approximately 75 percent in the number 
of passenger carriers and CMV trips under the rule is responsible for 
most of the annualized cost savings. The remaining cost savings are the 
result of reduced requirements for those approximately 25 percent of 
passenger carriers and CMV trips that will remain subject to the lease 
and interchange rules.
    Under both the 2015 rule and this rule, costs are organized into 
six major categories. Five are related to the requirements under Sec.  
390.303 of the 2015 rule, and include: One-time costs of lease 
negotiation; lease documentation costs; lease copying costs; lease 
receipt costs; and vehicle marking costs. The sixth cost category is 
related to the charter party notification requirement under Sec.  
390.305 of the 2015 rule.
    One-time costs of lease negotiation under this rule are calculated 
based on the number of CMV trips that will experience regulatory relief 
under the rule for this cost category, the time expended by employees 
in negotiating the lease and developing the lease document, and the 
total labor cost of these employees. The number of trips that will 
experience regulatory relief under the rule for this cost category are 
the trips that will no longer be subject to the lease and interchange 
requirements. As presented earlier in Table 4, the Agency estimates 
that an annual average of 410,276 passenger-carrying CMV trips will no 
longer be subject to the lease and interchange requirements. Consistent 
with the approach used in the 2015 regulatory evaluation, for each of 
these trips it is assumed that 30 minutes of employee time is saved, 
for both the lessor and the lessee, for a total time savings of one 
hour for each such trip.\33\ This savings is valued at the total labor 
cost of $54.91 per hour, described earlier. The resulting savings in 
one-time costs of lease negotiation under the rule will be $21.7 
million on an undiscounted basis over the 10-year analysis period, and 
$2.9 million on an annualized basis at a 7 percent discount rate. For 
the remaining passenger carriers and passenger-carrying CMV trips that 
are still subject to the leasing and interchange requirements, the 
provision in Sec.  390.303(b)(5), that the lease contain a statement 
that the lessee is responsible for compliance with the insurance 
requirements of 49 CFR part 387, is removed. Although in theory this 
change may result in a modest incremental reduction in the amount of 
time passenger carrier employees expend in negotiating the lease and 
developing the lease document for carriers still subject to the leasing 
and interchange requirements, there is no empirical basis upon which to 
estimate such a possible impact. Therefore, the Agency has chosen not 
to make any such incremental reduction in its analysis. Also, not 
quantifying such a potential impact is a conservative approach that 
helps to avoid overestimating the cost savings of the rule.
---------------------------------------------------------------------------

    \33\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 16 to 17.
---------------------------------------------------------------------------

    Lease documentation costs under the rule are calculated based on 
the number of CMV trips that will experience regulatory relief under 
the rule for this cost category, the time spent by carrier employees 
verifying the information and signing the lease, and the total labor 
cost of these employees. The number of trips that will experience 
regulatory relief under the rule for this cost category are the same as 
above, an annual average of 410,276 trips that will no longer be 
subject to the lease and interchange requirements. Consistent with the 
2015 regulatory evaluation, for each trip that will experience 
regulatory relief under the rule for this cost category this analysis 
assumes that both the lessor and the lessee save 5 minutes of employee 
time, for a total savings of 10 minutes for each such trip.\34\ This is 
valued at the total labor cost of $54.91 per hour. The resulting 
savings in lease documentation costs under the rule will be $37.6 
million on an undiscounted basis over the 10-year analysis period, and 
$3.7 million on an annualized basis at a 7 percent discount rate.
---------------------------------------------------------------------------

    \34\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Page 17.
---------------------------------------------------------------------------

    Lease copying cost savings under the rule are calculated based on 
the number of CMV trips that will experience regulatory relief under 
the rule for this cost category, and an estimated cost per copy. The 
number of trips that will experience regulatory relief under the rule 
for this cost category are the same as above, an annual average of 
410,276

[[Page 40287]]

such trips. As in the 2015 regulatory evaluation, it assumed that for 
each trip one copy of the lease is made for the lessor and another for 
the lessee, each at a cost of $0.15, for a total cost of $0.30 per 
trip.\35\ The resulting lease copying cost savings under the rule will 
be $1.2 million on an undiscounted basis over the 10-year analysis 
period, and $0.123 million on an annualized basis at a 7 percent 
discount rate.
---------------------------------------------------------------------------

    \35\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Page 17.
---------------------------------------------------------------------------

    The remaining three cost categories (lease receipts, vehicle 
marking, and charter party notification) will be eliminated for all 
passenger carriers and passenger-carrying trips, including those that 
would still be subject to the lease and interchange requirements under 
the rule.
    Lease receipt cost savings under the rule are calculated based on 
the number of CMV trips that will experience regulatory relief under 
the rule for this cost category, with two receipts assumed per trip 
(one for obtaining, the other for surrendering, the vehicle), and both 
the lessor and lessee requiring copies of each, for a total of four 
receipts per trip. Because the rule will remove the receipt provision 
in its entirety, the cost savings will apply to all trips listed in 
Table 4, an annual average of 547,034 trips. Consistent with the 2015 
regulatory evaluation, each receipt is assumed to cost $0.15, with four 
receipts required for a total of $0.60 per trip.\36\ The resulting 
lease receipt cost savings under the rule will be $3.3 million on an 
undiscounted basis over the 10-year analysis period, and $0.327 million 
on an annualized basis at a 7 percent discount rate.
---------------------------------------------------------------------------

    \36\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 17 to 18.
---------------------------------------------------------------------------

    Vehicle marking cost savings under the rule are calculated based on 
the number of CMV trips that will experience regulatory relief under 
the rule for this cost category, and marking costs per vehicle that 
include two sheets of letter size paper per trip at $0.014 per sheet, 
plus $0.04 for adhesive tape. Because the rule will remove the marking 
provision in its entirety, the cost savings will apply to all trips 
listed in Table 4, an annual average of 547,034 trips. The resulting 
vehicle marking cost savings under the rule will be $0.361 million on 
an undiscounted basis over the 10-year analysis period, and $0.036 
million on an annualized basis at a 7 percent discount rate.
    Charter party notification cost savings under the rule are 
calculated based on the number of CMV trips that will experience 
regulatory relief under the rule for this cost category, and an 
estimated expenditure by passenger carrier employees of 5 minutes per 
notification.\37\ Because the rule will remove the notification 
provision in its entirety, the resulting cost savings will apply to all 
trips in which notification would otherwise have been necessary, which 
are assumed to be 50 percent of the total annual average of 547,034 
passenger-carrying CMV trips listed in Table 4.\38\ The resulting 
savings in charter party notification costs under the rule will be 
$12.4 million on an undiscounted basis over the 10-year analysis 
period, and $1.23 million on an annualized basis at a 7 percent 
discount rate.
---------------------------------------------------------------------------

    \37\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 24 to 26.
    \38\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Pages 24 to 26.
---------------------------------------------------------------------------

    In summary, and as presented in Table 5, the Agency estimates that 
the rule will result in a cost savings of $76.5 million on an 
undiscounted basis, $67.7 million discounted at 3 percent, and $58.5 
million discounted at 7 percent over the 10-year analysis period, 
expressed in 2016 dollars. On an annualized basis, this equates to a 
10-year cost savings of $7.9 million at a 3 percent discount rate and 
$8.3 million at a 7 percent discount rate.

                                                             Table 5--Total Cost of the Rule
                                                                 [In thousands of 2016]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Undiscounted                                             Discounted
                                        ----------------------------------------------------------------------------------------------------------------
                                                   Lease and interchange costs
                                        -------------------------------------------------
                  Year                                        Lease                        Charter party
                                              Lease       documentation,                   notification     Total cost     Discounted at   Discounted at
                                           negotiation     copying, and       Vehicle          costs           \(b)\            3%              7%
                                           costs \(a)\    lease receipt    marking costs
                                                              costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021...................................       ($21,667)         ($4,045)           ($35)        ($1,189)       ($26,936)       ($26,152)       ($25,174)
2022...................................               0          (4,079)            (35)         (1,199)         (5,315)         (5,009)         (4,642)
2023...................................               0          (4,115)            (35)         (1,210)         (5,360)         (4,906)         (4,376)
2024...................................               0          (4,151)            (36)         (1,220)         (5,407)         (4,804)         (4,125)
2025...................................               0          (4,188)            (36)         (1,231)         (5,453)         (4,704)         (3,888)
2026...................................               0          (4,224)            (36)         (1,241)         (5,500)         (4,607)         (3,665)
2027...................................               0          (4,259)            (37)         (1,252)         (5,548)         (4,511)         (3,455)
2028...................................               0          (4,296)            (37)         (1,263)         (5,596)         (4,417)         (3,257)
2029...................................               0          (4,333)            (37)         (1,274)         (5,644)         (4,326)         (3,070)
2030...................................               0          (4,371)            (38)         (1,285)         (5,693)         (4,236)         (2,894)
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total..............................        (21,667)         (42,061)           (361)        (12,363)        (76,453)        (67,672)        (58,546)
Annualized.............................  ..............  ...............  ..............  ..............         (7,645)         (7,933)         (8,336)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\(a)\ Values shown in parentheses are negative values (i.e., less than zero) and represent a decrease in cost or a cost savings.
\(b)\ Total cost values may not equal the sum of the components due to rounding. (The totals shown in this column are the rounded sum of unrounded
  components.)


[[Page 40288]]

Benefits
    The regulatory evaluation for the 2015 final rule attempted to 
estimate the potential safety benefits of lease and interchange 
requirements,\39\ but there were insufficient data and empirical 
evidence to demonstrate a measurable quantitative relationship between 
lease and interchange requirements and improved safety outcomes, such 
as reduced frequency and/or severity of crashes or reduced frequency of 
violations. Therefore, FMCSA followed the guidance of the Office of 
Management and Budget (OMB) in its Circular A-4 and performed a 
threshold analysis.\40\ Also referred to as a break-even analysis, a 
threshold analysis attempts to determine the amount of safety benefits 
(e.g., reduced crashes and corresponding reductions in fatalities, 
injuries, and property damage) that would need to occur as a 
consequence of a rule in order for the rule to yield zero net benefits 
(i.e., for the benefits of the rule to equal, or exactly to offset, the 
estimated costs of the rule).
---------------------------------------------------------------------------

    \39\ U.S. DOT, FMCSA. ``Final Rule. Lease and Interchange of 
Vehicles; Motor Carriers of Passengers. Regulatory Evaluation.'' May 
2015. Page 35 to 36.
    \40\ OMB. ``Circular A-4. Regulatory Analysis.'' September 17, 
2003. Available at: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf (accessed June 3, 2019).
---------------------------------------------------------------------------

    The problem of insufficient data and empirical evidence noted in 
2015 is still present today. Unlike regulations dealing with vehicle 
equipment or driver behaviors that can be clearly linked to reduced 
crashes and improved safety, both the 2015 final rule and this rule 
affect safety less directly and immediately. Lease and interchange 
requirements for motor carriers of passengers improve the ability of 
the Agency to attribute the inspection, compliance, enforcement, and 
safety data collected by the Agency and its State partners to the 
correct motor carrier and driver, allowing FMCSA to more accurately 
identify unsafe carriers and initiate appropriate interventions. FMCSA 
believes that this rule will be a less costly and burdensome regulatory 
approach than the 2015 final rule, yet will still enable safety 
officials and the public to sufficiently identify the passenger carrier 
responsible for safety because each authorized for-hire motor carrier 
must conduct the transportation in its own name, under its own 
authority, with its owned, leased, or borrowed vehicles, and is 
therefore responsible for compliance with the FMCSRs. Therefore, the 
Agency does not anticipate any change to safety benefits because of the 
rule.
    B. E.O. 13771 (Reducing Regulation and Controlling Regulatory 
Costs)
    Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs, was issued on January 30, 2017 (82 FR 9339, Feb. 3, 
2017). E.O. 13771 requires that for every one new regulation issued by 
an Agency, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.\41\ Final 
implementation guidance addressing the requirements of E.O. 13771 was 
issued by the Office of Management and Budget (OMB) on April 5, 
2017.\42\ The OMB guidance defines what is an E.O. 13771 regulatory 
action and what is an E.O. 13771 deregulatory action, provides 
procedures for how agencies should account for the costs and cost 
savings of such actions, and outlines various other details regarding 
implementation of E.O. 13771.
---------------------------------------------------------------------------

    \41\ Executive Office of the President. ``Executive Order 13771 
of January 30, 2017. Reducing Regulation and Controlling Regulatory 
Costs.'' 82 FR 9339. Feb. 3, 2017. Section 1 (Purpose).
    \42\ Executive Office of the President. Office of Management and 
Budget. ``Memorandum M-17-21. Guidance Implementing Executive Order 
13771.'' April 5, 2017.
---------------------------------------------------------------------------

    This final rule has total costs less than zero, and is therefore an 
E.O. 13771 deregulatory action.\43\ The present value of the cost 
savings of this rule, measured on an infinite time horizon at a 7 
percent discount rate, expressed in 2016 dollars, and discounted to 
2021 (the year that cost savings would first be realized), is $104.4 
million. On an annualized basis, these cost savings are $7.3 million.
---------------------------------------------------------------------------

    \43\ Executive Office of the President. Office of Management and 
Budget. ``Memorandum M-17-21. Guidance Implementing Executive Order 
13771.'' April 5, 2017. Q4 on page 4.
---------------------------------------------------------------------------

    For the purpose of E.O. 13771 accounting, the April 5, 2017, OMB 
guidance requires that agencies also calculate the costs and cost 
savings discounted to year 2016.\44\ In accordance with this 
requirement, the present value of the cost savings of this rule, 
measured on an infinite time horizon at a 7 percent discount rate, 
expressed in 2016 dollars, and discounted to 2016, is $74.4 million. On 
an annualized basis, these cost savings are $5.2 million.
---------------------------------------------------------------------------

    \44\ Executive Office of the President. Office of Management and 
Budget. ``Memorandum M-17-21. Guidance Implementing Executive Order 
13771.'' April 5, 2017. Q25 on page 11.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et 
seq.), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal 
agencies to consider the impact of their regulatory proposals on small 
entities, analyze effective alternatives that minimize small entity 
impacts, and make their analyses available for public comment. The term 
``small entities'' means small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations under 50,000.\45\ Accordingly, DOT policy requires an 
analysis of the impact of all regulations on small entities, and 
mandates that agencies strive to lessen any adverse effects on these 
entities. Section 605 of the RFA allows an Agency to certify a rule, in 
lieu of preparing an analysis, if the rulemaking is not expected to 
have a significant economic impact on a substantial number of small 
entities.
---------------------------------------------------------------------------

    \45\ Regulatory Flexibility Act, Public Law 96-354, 94 Stat. 
1164 (codified at 5 U.S.C. 601 et seq.).
---------------------------------------------------------------------------

    In the 2018 NPRM, in lieu of preparing an Initial Regulatory 
Flexibility Analysis under section 603(a) of the RFA to assess the 
impact of the rule, FMCSA performed a certification analysis under 
section 605(b) of the RFA. The threshold economic analysis that was 
performed determined that, although the rule will have an impact on a 
substantial number of small entities, the impact on these small 
entities will not be significant, and furthermore will be entirely 
beneficial. Therefore, FMCSA certified that the rule will not have a 
significant economic impact on a substantial number of small entities.
    The Agency received eighteen comments on the 2018 NPRM, eight of 
which were from motor carriers of passengers that are classified as 
small entities.\46\ All eight of these small entities expressed support 
for the 2018 NPRM. None of them, nor any of the other submissions 
received to the 2018 NPRM, specifically commented on the certification 
or its underlying threshold economic analysis that were presented in 
the NPRM. The Chief Counsel for Advocacy of the Small Business

[[Page 40289]]

Administration did not file comments in response to the proposed rule.
---------------------------------------------------------------------------

    \46\ The eight motor carriers of passengers classified as small 
entities that submitted comments to the 2018 NPRM include Adirondack 
Trailways, Annett Bus Lines, Southern Tier Stages, Inc., Plymouth & 
Brockton Street Railway Company, DeCamp Bus Lines, Burlington 
Trailways, Pacific Coachways Charter Services, Inc., and Thielen Bus 
Lines (the comment from Thielen Bus Lines (Docket ID# FMCSA-2012-
0103-0162) was also submitted in representation of the more than 30 
other passenger carriers that comprise the membership of the 
Minnesota Charter Bus Operators Association (MCBOA)).
---------------------------------------------------------------------------

    As noted earlier in the Regulatory Analyses section, the only 
substantive change made to the regulatory evaluation from the NPRM to 
this final rule is that the analysis time period has been updated to 
reflect the December 4, 2018, extension of the compliance date for the 
May 2015 final rule from January 1, 2019, to January 1, 2021 (83 FR 
62505). Because this rule revises the regulations established in the 
2015 final rule, the 2015 final rule serves as the baseline against 
which the effects of this rule are evaluated. Therefore, the analysis 
period for this rule now begins as of 2021. As noted earlier in the 
Regulatory Analyses section, the primary result of this change in the 
analysis time period is a less than 2 percent increase in the 
annualized cost savings from this rule. This result has no substantive 
impact upon the certification or its underlying threshold economic 
analysis that were presented in the NPRM. Therefore, as also determined 
in the 2018 NPRM, although FMCSA determines that this rule will have an 
impact on a substantial number of small entities, the Agency determines 
that the impact on these small entities will not be significant. 
Therefore, there is no change to the Agency's certification that this 
final rule will not have a significant economic impact on a substantial 
number of small entities. The threshold economic analysis is presented 
again below, now incorporating modest revisions where necessary 
resulting from the change in the analysis period, to again clearly 
demonstrate the Agency's reasoning and assumptions underlying its 
certification.
    This rule will not result in any increase in costs or any increase 
in burden. The rule will reduce the applicability of the lease and 
interchange requirements for motor carriers of passengers, resulting in 
a substantial reduction in the number of entities that will be subject 
to these requirements, and a commensurate reduction in costs and burden 
experienced by these entities. Furthermore, for those motor carriers of 
passengers that will continue to be subject to the lease and 
interchange requirements under the rule, the requirements will be 
reduced in comparison to the existing requirements. This will also 
result in a reduction in costs and burden experienced by these 
entities.
    The regulated entities that will experience regulatory relief under 
this rule include all the passenger carriers that are subject to the 
existing lease and interchange requirements. Approximately 75 percent 
of this total number of passenger carriers will experience full 
regulatory relief, and will no longer be subject to lease and 
interchange requirements. The remaining 25 percent of these passenger 
carriers will experience partial regulatory relief and remain subject 
to reduced lease and interchange requirements compared to those of the 
2015 final rule.
    As presented earlier in Table 3 of the Regulatory Analyses section, 
as of 2017 there were an estimated 7,774 passenger carriers subject to 
the existing lease and interchange requirements, representing 
approximately 58 percent of all active interstate passenger carriers. 
As presented in Table 2, this population of passenger carriers is 
projected to increase slightly, due to general baseline industry 
growth, to 8,046 passenger carriers in 2021, the first year that the 
rule is anticipated to be in effect. Therefore, the Agency estimates 
that 8,046 passenger carriers will experience regulatory relief under 
the rule. The number of these 8,046 passenger carriers that are small 
entities is not directly known by FMCSA, and is therefore estimated 
below.
    The U.S. Small Business Administration (SBA) defines the size 
standards used to classify entities as small. SBA establishes separate 
standards for each industry, as defined by the North American Industry 
Classification System (NAICS).\47\ The Agency estimates that the 
passenger carriers that will experience regulatory relief under the 
rule will be in industries within Subsector 485 (Transit and Ground 
Passenger Transportation). All eleven 6-digit NAICS industries within 
Subsector 485 have an SBA size standard based on annual revenue of 
$15.0 million. Three of the eleven 6-digit NAICS industries within 
Subsector 485 are likely to encompass most of the passenger carriers 
that will experience regulatory relief under the rule, and details 
regarding the SBA size standards for those three industries are 
presented in Table 6.
---------------------------------------------------------------------------

    \47\ OMB. ``North American Industry Classification System.'' 
2017. Available at: https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf (accessed June 3, 2019).

                             Table 6--SBA Size Standards for Selected Industries (a)
----------------------------------------------------------------------------------------------------------------
                                                                          SBA size
                                                                          standard
                                                                           (annual     SBA size standard (number
              NAICS code                  NAICS industry description     revenue in          of employees)
                                                                         millions of
                                                                          dollars)
----------------------------------------------------------------------------------------------------------------
485113................................  Bus and Other Motor Vehicle             $15.0  (none).
                                         Transit Systems.
485210................................  Interurban and Rural Bus                 15.0  (none).
                                         Transportation.
485510................................  Charter Bus Industry.........            15.0  (none).
----------------------------------------------------------------------------------------------------------------
Notes:
(a) U.S. Small Business Administration (SBA). ``Table of Small Business Size Standards.'' October 1, 2017.
  Available at: https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.xlsx (accessed June 3,
  2019).


[[Page 40290]]

    Data regarding the annual revenue earned by the estimated 8,046 
passenger carriers that will experience regulatory relief under the 
rule is not collected by FMCSA and is not otherwise available from 
other sources. Therefore, the SBA size standard of $15.0 million in 
annual revenue cannot be directly applied to determine how many of 
these passenger carriers are small entities. FMCSA does, however, 
collect information regarding the number of passenger-carrying vehicles 
operated by these carriers. As of the end of 2017, of the active 
interstate passenger carriers operating in the U.S. as presented 
earlier in Table 3, approximately 81 percent operated six or fewer 
passenger vehicles, and approximately 93 percent operated 19 or fewer 
passenger vehicles.\48\ We estimate that in the passenger carrier 
industry, the average annual revenue earned per motorcoach is 
approximately $200,000.^{49 50 51} This means that the SBA size 
standard of $15.0 million in annual revenue equates to a carrier size 
of 75 passenger vehicles. Therefore, carriers operating 75 passenger 
vehicles or fewer are classified as small, consistent with the SBA size 
standard of $15.0 million. As of the end of 2017, of the active 
interstate passenger carriers operating in the U.S. as presented 
earlier in Table 3, approximately 98 percent operated 75 or fewer 
passenger vehicles. The Agency does not believe that the rule will 
disproportionately apply to either larger or smaller passenger 
carriers, and we therefore estimate that a similar 98 percent of the 
8,046 passenger carriers that will experience regulatory relief under 
the rule, or approximately 7,885 passenger carriers, will be small 
entities. Therefore, as also determined in the 2018 NPRM, this rule 
will have an impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \48\ U.S. DOT, FMCSA. Motor Carrier Management Information 
System (MCMIS), and Licensing and Insurance (L&I) system. Snapshots 
as of December 29, 2017 (DART request ID # 38883).
    \49\ The information available regarding revenue for the 
passenger carrier industry is limited. The American Bus Associated 
reported that for 2004, revenue per motorcoach was approximately 
$160,000. Inflated from 2004 dollars to 2016 dollars using either 
the CPI-U or the Implicit Price Deflator for GDP, this value becomes 
approximately $200,000 per vehicle.
    \50\ American Bus Association (ABA). ``Motorcoach Census 2005.'' 
September 2006. Page 19, Table 3-5 (Carrier Revenue per Motorcoach, 
Averages, 2004). Available at: https://www.iru.org/apps/cms-filesystem-action?file=events_2007_busandcoach/Motorcoach%20Census%202005%2009-21-20061.pdf (accessed June 3, 
2019).
    \51\ Greyhound, one of the largest interstate passenger carriers 
operating in the U.S., reported total revenue for 2017 of $894 
million, with 78 percent of that total, or $697 million, being 
passenger revenue. With a fleet size reported to consist of 1,600 
buses for the same year, this equals an average passenger revenue 
per motorcoach of $435,000. We believe that substantially higher 
levels of per vehicle revenue such as this are not representative of 
the smaller passenger carriers that make up most of the industry, 
and therefore the lesser estimate of $200,000 revenue per motorcoach 
described above was used here so as not to risk underestimating the 
number of small entities in the passenger carrier industry when used 
to compare against the SBA size standard of $15.0 million in annual 
revenue. Greyhound data is from ``FirstGroup plc, Annual Report and 
Accounts, 2017'', pages 18-19, available at https://
www.firstgroupplc.com/~/media/Files/F/Firstgroup-Plc/indexed-pdfs/
2017%20ARA/
2017%20FirstGroup%20plc%20Annual%20Report%20and%20Accounts.pdf 
(accessed June 3, 2019).
---------------------------------------------------------------------------

    Although FMCSA has determined that this rule will have an impact on 
a substantial number of small entities, the Agency has determined that 
the impact on the small entities that will experience regulatory relief 
under the rule will not be significant. The rule will not result in any 
increase in costs or any increase in burden for passenger carriers that 
are small entities. The effect of the rule will be a reduction in costs 
and burden, and will be entirely beneficial to the passenger carriers 
that are small entities. As discussed in the Regulatory Analyses 
section, the Agency estimates that the rule will result in a total cost 
savings of $76.5 million on an undiscounted basis over the 10-year 
analysis period used for the regulatory evaluation, or $7.65 million on 
an annualized basis, expressed in 2016 dollars. As presented in Table 
2, an annual average of approximately 8,366 passenger carriers will 
experience regulatory relief under the rule over the same 10-year 
analysis period, 98 percent of which are estimated to be small 
entities. The annual average cost savings per small carrier will 
therefore be at most $914 (potentially even somewhat less, given that 
approximately 2 percent of passenger carriers that will experience 
regulatory relief under the rule are not small entities and therefore 
may represent a disproportionately larger share of the overall absolute 
cost savings because of the larger scale of their operations). For even 
the smallest of the small entities, those operating only one passenger 
vehicle, this $914 in annual savings represents only about one half of 
one percent of the estimated total annual revenues of $200,000 for a 
carrier with just one motorcoach. Therefore, as also determined in the 
2018 NPRM, although FMCSA has determined that this rule will have an 
impact on a substantial number of small entities, the Agency has also 
determined that the impact on these small entities will not be 
significant, and furthermore will be entirely beneficial.
    Accordingly, pursuant to section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), I hereby certify that this final rule 
will not have a significant economic impact on a substantial number of 
small entities.

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 final rule so that they can better evaluate its 
effects on themselves and participate in the rulemaking initiative. If 
the rule will 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, Ms. 
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 Small Business Administration'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). The DOT has a policy regarding the 
rights of small entities to regulatory enforcement fairness and an 
explicit policy against retaliation for exercising these rights.\52\
---------------------------------------------------------------------------

    \52\ U.S. DOT. ``The Rights of Small Entities To Enforcement 
Fairness and Policy Against Retaliation.'' Available at: https://www.transportation.gov/sites/dot.gov/files/docs/SBREFAnotice2.pdf 
(accessed June 3, 2019).
---------------------------------------------------------------------------

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. The Act requires agencies to prepare a 
comprehensive written statement for any final rule that may 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 equivalent of $100 million in 1995, adjusted for inflation to 
2017 levels) or more in any one year. Because this rule does not result 
in such an expenditure, a written statement is not required. However, 
the Agency does discuss the costs and benefits of this rule elsewhere 
in this preamble.

[[Page 40291]]

F. Paperwork Reduction Act

    This final rule amends two OMB-approved information collections 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), OMB 
Control No. 2126-0054, ``Commercial Motor Vehicle Marking 
Requirements,'' and OMB Control No. 2126-0056, ``Lease and Interchange 
of Vehicles.'' As defined in 5 CFR 1320.3(c), ``collection of 
information'' includes reporting, recordkeeping, monitoring, posting, 
labeling, and other similar actions. The title and description of the 
information collections, a description of those who must collect the 
information, and an estimate of the total annual burden follow. The 
estimate covers the time for reviewing instructions, searching existing 
sources of data, gathering and maintaining the data needed, and 
completing and reviewing the collection.
OMB Control No. 2126-0054 (Commercial Motor Vehicle Marking 
Requirements)
    The Agency's CMV marking regulations require freight-carrying 
commercial motor carriers, passenger-carrying commercial motor 
carriers, and intermodal equipment providers to display the USDOT 
number and the legal name or a single trade name of the carrier or 
intermodal equipment provider on their vehicles. The USDOT number is 
used to identify all motor carriers in FMCSA's registration and 
information systems. It is also used by States as the key identifier in 
the Performance and Registration Information Systems Management (PRISM) 
system, a cooperative Federal/State program that makes motor carrier 
safety a requirement for obtaining and maintaining CMV registration and 
privileges. Vehicle marking requirements are intended to ensure that 
FMCSA, NTSB, and State safety officials can identify motor carriers and 
correctly assign responsibility for regulatory violations during 
inspections, investigations, compliance reviews, and crash studies. 
These marking requirements also provide the public with beneficial 
information that could assist in identifying carriers for the purposes 
of commerce, complaints, or emergency notification.
    The final rule will eliminate the existing requirement under 49 CFR 
390.303(f) for the temporary marking of leased commercial passenger 
vehicles. The final rule will therefore amend the OMB-approved 
information collection titled ``Commercial Motor Vehicle Marking 
Requirements,'' OMB No. 2126-0054. In the currently approved 
information collection, the temporary marking of leased passenger-
carrying CMVs was assumed to have de minimis time burden, and therefore 
no separate time burden was estimated for that element of the 
passenger-carrying CMV marking requirements. Because of this, in the 
revision to this information collection, there is no change in time 
burden due to program change, and the estimated changes in time burden 
from the currently approved information collection are due to 
adjustments related to factors such as revised estimates of the 
population of passenger-carrying motor carriers and industry growth 
rate. There is a small reduction in the annual cost burden, however, 
related to the elimination of the cost of materials (paper and adhesive 
tape) estimated to be used for the temporary vehicle markings that are 
to be eliminated.
    Title: Commercial Motor Vehicle Marking Requirements
    OMB Control Number: 2126-0054
    Summary of the Collection of Information: Under the information 
collection, freight-carrying commercial motor carriers, passenger-
carrying commercial motor carriers, and intermodal equipment providers 
mark their vehicles to display the USDOT number and the legal name or a 
single trade name of the carrier or intermodal equipment provider. This 
vehicle marking occurs when a new vehicle is purchased, when a used 
vehicle is purchased and requires re-marking, and when a vehicle is 
retained by the owner but the existing label reaches the end of its 
useful life.
    Need for Information: Vehicle marking requirements are needed to 
ensure that FMCSA, the NTSB, and State safety officials can identify 
motor carriers and correctly assign responsibility for regulatory 
violations during inspections, investigations, compliance reviews, and 
crash studies. These marking requirements also provide the public with 
beneficial information that could assist in identifying carriers for 
the purposes of commerce, complaints, or emergency notification.
    Proposed Use of Information: The USDOT number is used to identify 
all motor carriers in FMCSA's registration and information systems, is 
used as the key identifier in the PRISM system, and is used by the 
public to assist in identifying carriers for the purposes of commerce, 
complaints, or emergency notification.
    Description of the Respondents: Freight-carrying commercial motor 
carriers, passenger-carrying commercial motor carriers, and intermodal 
equipment providers.
    Number of Respondents:

IC-1 (freight carriers) number of respondents: 317,041
IC-2 (passenger carriers) number of respondents: 7,816
IC-3 (intermodal equipment providers) number of respondents: 11
Total number of respondents: 324,868

    Frequency of Response:

IC-1 (freight carriers) frequency of response: 7.9 responses per year, 
per respondent.
IC-2 (passenger carriers) frequency of response: 20.4 responses per 
year, per respondent.
IC-3 (intermodal equipment providers) frequency of response: 3,962 
responses per year, per respondent.
Overall average frequency of response: 8.3 responses per year, per 
respondent

    Burden per Response:

IC-1 (freight carriers) burden per response: 0.43 hours
IC-2 (passenger carriers) burden per response: 0.43 hours
IC-3 (intermodal equipment providers) burden per response: 0.43 hours
Overall average burden per response: 0.43 hours

    Estimate of Total Annual Burden:

IC-1 (freight carriers) burden: 1,085,658 hours
IC-2 (passenger carriers) burden: 69,151 hours
IC-3 (intermodal equipment providers) burden: 18,886 hours
Total annual burden: 1,173,695 hours
OMB Control No. 2126-0056 (Lease and Interchange of Vehicles)
    The Agency's lease and interchange of vehicles regulations ensure 
that truck and bus carriers are identified (and in some cases 
protected) when they agree to lease their equipment and drivers to 
other carriers. These regulations also ensure that the government and 
members of the public can determine who is responsible for a CMV. Prior 
to these regulations, some equipment was leased without written 
agreements, leading to disputes and confusion over which party to the 
lease was responsible for charges and actions and, at times, who was 
legally responsible for the vehicle. These recordkeeping requirements 
enable the public and investigators to identify the passenger carrier 
responsible for safety, and ensure that FMCSA, our State partners, and 
the NTSB are better able to identify the responsible motor carrier and 
therefore correctly assign regulatory violations to the appropriate 
carrier during inspections, investigations, compliance reviews, and 
crash studies.
    The final rule reduces the scope of the lease and interchange 
requirements for

[[Page 40292]]

motor carriers of passengers. Furthermore, those passenger carriers and 
passenger-carrying CMV trips for which lease and interchange 
requirements remain applicable are subject to reduced requirements. The 
applicability of the existing lease and interchange requirements for 
motor carriers of passengers under 49 CFR 390.301 are revised and moved 
to Sec.  390.401, resulting in a substantial reduction of approximately 
75 percent in the number of passenger carriers and passenger-carrying 
CMV trips that will be subject to the lease and interchange requirement 
for motor carriers of passengers. For those motor carriers of 
passengers that remain subject to lease and interchange requirements, 
the existing requirements under 49 CFR 390.303(e) for lease receipt 
copies will be eliminated, and the existing requirements under 49 CFR 
390.305 for charter party notification will also be eliminated.
    The final rule therefore amends the OMB-approved information 
collection titled ``Lease and Interchange of Vehicles,'' OMB No. 2126-
0056. In the revision to this information collection, there is 
substantial reduction in time burden due to program change from the 
currently approved information collection because of the rule.
    Title: Lease and Interchange of Vehicles
    OMB Control Number: 2126-0056
    Summary of the Collection of Information: Under the information 
collection, freight-carrying commercial motor carriers and passenger-
carrying commercial motor carriers negotiate leases, prepare and sign 
lease documents, and produce copies of lease documents.
    Need for Information: The Agency's lease and interchange of 
vehicles regulations ensure that truck and bus carriers are identified 
(and in some cases protected) when they agree to lease their equipment 
and drivers to other carriers. These regulations also ensure that the 
government and members of the public can determine who is responsible 
for a CMV. These recordkeeping requirements enable the public and 
investigators to identify the passenger carrier responsible for safety.
    Proposed Use of Information: The government generally collects 
little information with this ICR. The leases and other agreements are 
developed and held by the lessor (e.g., those granting use of 
equipment) and lessee (e.g., party acquiring equipment). They are used 
to assign duties and responsibilities. The information may also be used 
by law enforcement to determine legal responsibility if a leased 
vehicle is in violation of the regulations or is involved in a crash.
    Description of the Respondents: Freight-carrying commercial motor 
carriers, and passenger-carrying commercial motor carriers.
    Number of Respondents:

IC-1 (property-carrying CMVs) number of respondents: 36,001
IC-2 (passenger-carrying CMVs) number of respondents: 6,729
Total number of respondents: 42,730

    Frequency of Response:

IC-1 (property-carrying CMVs) frequency of response: 19.9 responses per 
year, per respondent.
IC-2 (passenger-carrying CMVs) frequency of response: 65.4 responses 
per year, per respondent.
Overall average frequency of response: 27.1 responses per year, per 
respondent

    Burden per Response:

IC-1 (property-carrying CMVs) burden per response: 0.11 hours
IC-2 (passenger-carrying CMVs) burden per response: 0.13 hours
Overall average burden per response: 0.12 hours

    Estimate of Total Annual Burden:

IC-1 (property-carrying CMVs) burden: 77,767 hours
IC-2 (passenger-carrying CMVs) burden: 58,520 hours
Total annual burden: 136,287 hours

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), FMCSA will submit a copy of this rule to OMB for its review 
of the collection of information.
    FMCSA asked for public comment on the collection of information in 
the 2018 NPRM. No comments addressed the collection of information 
analysis to the NPRM.

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA has determined that this rule will not have 
substantial direct costs on or for States, nor will it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation. No comments received addressed Federalism 
implications. Therefore, this rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Impact 
Statement.

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

    This 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.

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

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), requires 
agencies issuing ``economically significant'' rules, if the regulation 
also concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, the Agency does not anticipate that this 
regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

J. 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 will not effect a taking of 
private property or otherwise have taking implications.

K. Privacy

    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 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 that receives records contained in a system 
of records from a Federal agency for use in a matching program. FMCSA 
has determined that this rule would not result in a new or revised 
Privacy Act System of Records for FMCSA.
    The E-Government Act of 2002, Public Law 107-347, sec. 208, 116 
Stat. 2899, 2921 (December 17, 2002), requires Federal agencies to 
conduct a PIA for new or substantially changed technology that 
collects, maintains, or disseminates information in an identifiable 
form. No new or substantially changed technology would collect, 
maintain, or disseminate

[[Page 40293]]

information as a result of this rule. Accordingly, FMCSA has not 
conducted a privacy impact assessment.

L. 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.

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

    FMCSA has analyzed this rule under E.O. 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 order because it is not a ``significant regulatory 
action'' likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it does not require a 
Statement of Energy Effects under E.O. 13211.

N. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    Executive Order 13783 directs executive departments and agencies to 
review existing regulations that potentially burden the development or 
use of domestically produced energy resources, and to appropriately 
suspend, revise, or rescind those that unduly burden the development of 
domestic energy resources. In accordance with E.O. 13783, the DOT 
prepared and submitted a report to the Director of OMB providing 
specific recommendations that, to the extent permitted by law, could 
alleviate or eliminate aspects of agency action that burden domestic 
energy production. The DOT has not identified this rule as potentially 
alleviating unnecessary burdens on domestic energy production under 
E.O. 13783.

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 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.

Q. Environment (NEPA and CAA)

    FMCSA analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), 
Appendix 2, paragraphs (6)(y)(2) and (6)(y)(7). The Categorical 
Exclusion (CE) in paragraph (6)(y)(2) covers regulations implementing 
motor carrier identification and registration reports. The Categorical 
Exclusion (CE) in paragraph (6)(y)(7) covers 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. The 
requirements in this rule are covered by these CEs, and the action does 
not have the potential to significantly affect the quality of the 
environment. The CE determination is available for inspection or 
copying in the regulations.gov website listed under ADDRESSES.
    FMCSA also analyzed this rule under section 176(c) of the Clean Air 
Act, as amended (CAA) (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.

List of Subjects in 49 CFR Part 390

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

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III, 
subchapter B, part 390 to read 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; sec. 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, 1548, 1558, 1560; sec. 2, Pub. L. 
115-105, 131 Stat. 2263; and 49 CFR 1.81. 1.81a, 1.87.

0
2. Amend Sec.  390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the definition of ``Lease,'' ``Lessee,'' and ``Lessor'''';
0
c. Suspend Sec.  390.5 indefinitely.
    The revised text reads as follows:


Sec.  390.5  Definitions.

* * * * *
    Lease, as used in subpart G of this part, means a contract or 
agreement in which a motor carrier of passengers grants the use of a 
passenger-carrying commercial motor vehicle to another motor carrier, 
with or without a driver, for a specified period for the transportation 
of passengers, whether or not compensation for such use is specified or 
required, when one or more of the motor carriers of passengers is not 
authorized to operate in interstate commerce pursuant to 49 U.S.C. 
13901-13902. The term lease includes an interchange, as defined in this 
section, or other agreement granting the use of a passenger-carrying 
commercial motor vehicle for a specified period, with or without a 
driver, whether or not compensation for such use is specified or 
required. For a definition of lease in the context of property-carrying 
vehicles, see Sec.  376.2 of this subchapter.
    Lessee, as used in subpart G of this part, means the motor carrier 
obtaining the use of a passenger-carrying commercial motor vehicle, 
with or without the driver, from another motor carrier, through a lease 
as defined in this section. The term lessee includes a motor carrier 
obtaining the use of a passenger-carrying commercial motor vehicle from 
another motor carrier under an interchange or other agreement, with or 
without a driver, whether or not compensation for such use is 
specified. For a definition of lessee in the context of property-
carrying vehicles, see Sec.  376.2 of this subchapter.

[[Page 40294]]

    Lessor, as used in subpart G of this part, means the motor carrier 
granting the use of a passenger-carrying commercial motor vehicle, with 
or without the driver, to another motor carrier, through a lease as 
defined in this section. The term lessor includes a motor carrier 
granting the use of a passenger-carrying commercial motor vehicle, with 
or without the driver, to another motor carrier under an interchange or 
other agreement, whether or not compensation for such use is specified. 
For a definition of lessor in the context of property-carrying 
vehicles, see Sec.  376.2 of this subchapter.
* * * * *

0
3. Amend Sec.  390.5T by revising the definitions of ``Lease,'' 
``Lessee,'' and ``Lessor'' to read as follows:


Sec.  390.5T  Definitions.

* * * * *
    Lease, as used in subpart G of this part, means a contract or 
agreement in which a motor carrier of passengers grants the use of a 
passenger-carrying commercial motor vehicle, with or without the 
driver, to another motor carrier, for a specified period for the 
transportation of passengers, whether or not compensation for such use 
is specified or required, when one or more of the motor carriers of 
passengers is not authorized to operate in interstate commerce pursuant 
to 49 U.S.C. 13901-13902. The term lease includes an interchange, as 
defined in this section, or other agreement granting the use of a 
passenger-carrying commercial motor vehicle, with or without the 
driver, for a specified period, whether or not compensation for such 
use is specified or required. For a definition of lease in the context 
of property-carrying vehicles, see Sec.  376.2 of this subchapter.
    Lessee, as used in subpart G of this part, means the motor carrier 
obtaining the use of a passenger-carrying commercial motor vehicle, 
with or without the driver, from another motor carrier, through a lease 
as defined in this section. The term lessee includes a motor carrier 
obtaining the use of a passenger-carrying commercial motor vehicle, 
with or without the driver, from another motor carrier under an 
interchange or other agreement, whether or not compensation for such 
use is specified. For a definition of lessee in the context of 
property-carrying vehicles, see Sec.  376.2 of this subchapter.
    Lessor, as used in subpart G of this part, means the motor carrier 
granting the use of a passenger-carrying commercial motor vehicle, with 
or without the driver, to another motor carrier, through a lease as 
defined in this section. The term lessor includes a motor carrier 
granting the use of a passenger-carrying commercial motor vehicle, with 
or without the driver, to another motor carrier under an interchange or 
other agreement, whether or not compensation for such use is specified. 
For a definition of lessor in the context of property-carrying 
vehicles, see Sec.  376.2 of this subchapter.
* * * * *

0
4. Amend Sec.  390.21 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (e);
0
c. Remove paragraph (f);
0
d. Redesignate paragraphs (g) and (h) as paragraphs (f) and (g), 
respectively;
0
e. Suspend Sec.  390.21 indefinitely.
    The revised text reads as follows:


Sec.  390.21   Marking of self-propelled CMVs and intermodal equipment.

* * * * *
    (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier 
operating a self-propelled CMV under a rental agreement or a passenger-
carrying CMV under a lease, when the rental agreement or lease has a 
term not in excess of 30 calendar days, meets the requirements of this 
section if:
    (1) The CMV is marked in accordance with the provisions of 
paragraphs (b) through (d) of this section; or
    (2) Except as provided in paragraph (e)(2)(v) of this section, the 
CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this 
section:
    (i) The legal name or a single trade name of the lessor is 
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters 
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of 
this section; and
    (iii) The rental agreement or lease as applicable entered into by 
the lessor and the renting motor carrier or lessee conspicuously 
contains the following information:
    (A) The name and complete physical address of the principal place 
of business of the renting motor carrier or lessee;
    (B) The identification number issued to the renting motor carrier 
or lessee by FMCSA, 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 information may be 
shown in a rental agreement:
    (1) Whether the motor carrier is engaged in ``interstate'' or 
``intrastate'' commerce; and
    (2) Whether the renting motor carrier is transporting hazardous 
materials in the rented CMV;
    (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 CMV''; and
    (iv) The rental agreement or lease as applicable entered into by 
the lessor and the renting motor carrier or lessee is carried on the 
rental CMV or leased passenger-carrying CMV during the full term of the 
rental agreement or lease. See the property-carrying leasing 
regulations at 49 CFR part 376 and the passenger-carrying leasing 
regulations at subpart G of this part for information that should be 
included in all leasing documents.
    (v) Exception. (A) The passenger-carrying CMV operating under the 
48-hour emergency exception pursuant to Sec.  390.403(a)(2) of this 
part does not need to comply with paragraphs (e)(2)(iii) and (iv) of 
this section, provided the lessor and lessee comply with the 
requirements of Sec.  390.403(a)(2).
    (B) A motor carrier operating a self-propelled CMV under a lease 
subject to subpart G of this part (Sec. Sec.  390.401 and 390.403) must 
begin complying with this paragraph (e) on January 1, 2021.
* * * * *

0
5. Amend Sec.  390.21T by
0
a. Revising paragraph (e);
0
b. Removing paragraph (f);
0
c. Redesignating paragraphs (g) and (h) as paragraphs (f) and (g), 
respectively.
    The revision to read as follows:


Sec.  390.21T   Marking of self-propelled CMVs and intermodal 
equipment.

* * * * *
    (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier 
operating a self-propelled CMV under a rental agreement or a passenger-
carrying CMV under a lease, when the rental agreement or lease has a 
term not in excess of 30 calendar days, meets the requirements of this 
section if:
    (1) The CMV is marked in accordance with the provisions of 
paragraphs (b) through (d) of this section; or
    (2) Except as provided in paragraph (e)(2)(v) of this section, the 
CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this 
section:
    (i) The legal name or a single trade name of the lessor is 
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters 
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of 
this section; and
    (iii) The rental agreement or lease as applicable entered into by 
the lessor and

[[Page 40295]]

the renting motor carrier or lessee conspicuously contains the 
following information:
    (A) The name and complete physical address of the principal place 
of business of the renting motor carrier or lessee;
    (B) The identification number issued to the renting motor carrier 
or lessee by FMCSA, 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 information may be 
shown in a rental agreement:
    (1) Whether the motor carrier is engaged in ``interstate'' or 
``intrastate'' commerce; and
    (2) Whether the renting motor carrier or lessee is transporting 
hazardous materials in the rented or leased CMV;
    (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 or leased CMV''; and
    (iv) The rental agreement or lease as applicable entered into by 
the lessor and the renting motor carrier or lessee is carried on the 
rental CMV or leased passenger-carrying CMV during the full term of the 
rental agreement or lease. See the property-carrying leasing 
regulations at 49 CFR part 376 and the passenger-carrying leasing 
regulations at subpart G of this part for information that should be 
included in all leasing documents.
    (v) Exception. (A) A passenger-carrying CMV operating under the 48-
hour emergency exception pursuant to Sec.  390.403(a)(2) of this part 
does not need to comply with paragraphs (e)(2)(iii) and (iv) of this 
section, provided the lessor and lessee comply with the requirements of 
Sec.  390.403(a)(2).
    (B) A motor carrier operating a self-propelled CMV under a lease 
subject to subpart G of this part (Sec. Sec.  390.401 and 390.403) must 
begin complying with this paragraph (e) on January 1, 2021.
* * * * *

Subpart F--[Removed and Reserved]

0
6. Remove and reserve subpart F of part 390, consisting of Sec. Sec.  
390.300T through 390.305.

0
5. Add subpart G, consisting of Sec. Sec.  390.401 and 390.403, to read 
as follows:
Subpart G--Lease and Interchange of Passenger-Carrying Commercial Motor 
Vehicles
Sec.
390.401 Applicability.
390.403 Lease and interchange requirements.

Subpart G--Lease and Interchange of Passenger-Carrying Commercial 
Motor Vehicles


Sec.  390.401  Applicability.

    (a) General. Beginning on January 1, 2021, and except as provided 
in paragraphs (b)(1) and (2) of this section, this subpart applies to 
the following actions, irrespective of duration, or the presence or 
absence of compensation, by motor carriers operating commercial motor 
vehicles to transport passengers:
    (1) The lease of passenger-carrying commercial motor vehicles; and
    (2) The interchange of passenger-carrying commercial motor vehicles 
between motor carriers.
    (b) Exceptions--(1) Contracts and agreements between motor carriers 
of passengers with active passenger carrier operating authority 
registrations. This subpart does not apply to contracts and agreements 
between motor carriers of passengers that have active passenger carrier 
operating authority registrations with the Federal Motor Carrier Safety 
Administration when one such motor carrier acquires transportation 
service(s) from another such motor carrier(s).
    (2) Financial leases. This subpart does not apply to a contract 
(however designated, e.g., lease, closed-end lease, hire purchase, 
lease purchase, purchase agreement, installment plan, demonstration or 
loaner vehicle, etc.) between a motor carrier and a bank or similar 
financial organization or a manufacturer or dealer of passenger-
carrying commercial motor vehicles allowing the motor carrier to use 
the passenger-carrying commercial motor vehicle.
    (c) Penalties. If the use of a passenger-carrying commercial motor 
vehicle is conferred on one motor carrier subject to this subpart by 
another such motor carrier without a lease or interchange agreement, or 
pursuant to a lease or interchange agreement that fails to meet all 
applicable requirements of subpart G, both motor carriers shall be 
subject to a civil penalty.


Sec.  390.403  Lease and interchange requirements.

    Beginning on January 1, 2021, and except as provided in Sec.  
390.401(b) of this section, a motor carrier may transport passengers in 
a leased or interchanged commercial motor vehicle only under the 
following conditions:
    (a) In general--(1) Lease or agreement required. There shall be in 
effect either:
    (i) A lease granting the use of the passenger-carrying commercial 
motor vehicle and meeting the conditions of paragraphs (b) and (c) of 
this section. The provisions of the lease shall be adhered to and 
performed by the lessee; or
    (ii) An agreement meeting the conditions of paragraphs (b) and (c) 
of this section and governing the interchange of passenger-carrying 
commercial motor vehicles between motor carriers of passengers 
conducting service on a route or series of routes. The provisions of 
the interchange agreement shall be adhered to and performed by the 
lessee.
    (2) Exception. When an event occurs (e.g., a crash, the vehicle is 
disabled) that requires a motor carrier of passengers immediately to 
obtain a replacement vehicle from another motor carrier of passengers, 
the two carriers may postpone the writing of the lease or written 
agreement for the replacement vehicle for up to 48 hours after the time 
the lessee takes exclusive possession and control of the replacement 
vehicle. However, during that 48-hour period, until the lease or 
agreement is written and provided to the driver, the driver must carry, 
and produce upon demand of an enforcement official, a document signed 
and dated by the lessee's driver or available company official stating: 
``[Carrier A, USDOT number, telephone number] has leased this vehicle 
to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR 
390.403(a)(2).''
    (b) Contents of the lease. The lease or interchange agreement 
required by paragraph (a) of this section shall contain:
    (1) Vehicle identification information. The name of the vehicle 
manufacturer, the year of manufacture, and at least the last 6 digits 
of the Vehicle Identification Number (VIN) of each passenger-carrying 
commercial motor vehicle transferred between motor carriers pursuant to 
the lease or interchange agreement.
    (2) Parties. The legal name, USDOT number, and telephone number of 
the motor carrier providing passenger transportation in a commercial 
motor vehicle (lessee) and the legal name, USDOT number, and telephone 
number of the motor carrier providing the equipment (lessor), and 
signatures of both parties or their authorized representatives.
    (3) Specific duration. The time and date when, and the location 
where, the lease or interchange agreement begins and ends.
    (4) Exclusive possession and responsibilities. (i) A clear 
statement that the motor carrier obtaining the passenger-carrying 
commercial motor vehicle (the lessee) has exclusive possession, 
control, and use of the passenger-carrying commercial motor

[[Page 40296]]

vehicle for the duration of the agreement, and assumes complete 
responsibility for operation of the vehicle and compliance with all 
applicable Federal regulations for the duration of the agreement.
    (ii) In the event of a sublease between motor carriers, all of the 
requirements of this section shall apply to a sublease.
    (c) Copies of the lease. A copy shall be on the passenger-carrying 
commercial motor vehicle during the period of the lease or interchange 
agreement, and both the lessee and lessor shall retain a copy of the 
lease or interchange agreement for 1 year after the expiration date.

    Issued under the authority delegated in 49 CFR 1.87.

    Dated: August 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-17342 Filed 8-13-19; 8:45 am]
 BILLING CODE 4910-EX-P

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