[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Proposed Rules]
[Pages 48518-48522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23027]



  Federal Register / Vol. 64, No. 171, Friday, September 3, 1999 / 
Proposed Rules  

[[Page 48518]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 390

[FHWA Docket No. FHWA-99-5710]
RIN 2125-AE60


Federal Motor Carrier Safety Regulations; Requirements for 
Operators of Small Passenger-Carrying Commercial Motor Vehicles

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking; request for comments.

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

SUMMARY: The FHWA is proposing to amend the Federal Motor Carrier 
Safety Regulations (FMCSRs) to require that motor carriers operating 
commercial motor vehicles (CMVs) designed or used to transport between 
9 and 15 passengers (including the driver) for compensation file a 
motor carrier identification report, mark their CMVs with a USDOT 
identification number and certain other information (i.e., name or 
trade name and address of the principal place of business), and 
maintain an accident register. This action is in response to the 
Transportation Equity Act for the 21st Century (TEA-21). Section 
4008(a) of TEA-21 amended the definition of the term ``commercial motor 
vehicle'' to cover these vehicles. In a separate document published 
elsewhere in today's Federal Register the FHWA is adopting the 
statutory definition of a CMV found at 49 U.S.C. 31132 to be consistent 
with the statute, but is exempting for six months the operation of 
these small passenger-carrying vehicles from all of the FMCSRs, to 
allow time for the completion of this rulemaking.

DATES: Comments must be received on or before November 2, 1999.

ADDRESSES: Submit written, signed comments to FHWA Docket No. FHWA-99-
5710, the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. All comments received will be 
available for examination at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor 
Carrier Research and Standards, HMCS-10, (202) 366-4009; or Mr. Charles 
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354, 
Federal Highway Administration, 400 Seventh Street, SW., Washington, 
D.C. 20590-0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments that were submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-001, in response to previous rulemaking notices 
concerning the docket referenced at the beginning of this notice by 
using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at: http://www.access.gpo.gov/nara.

Background

    Section 4008(a)(2) of TEA-21 (Pub. L. 105-178, 112 Stat. 107, June 
9, 1998) amended the passenger-vehicle component of the CMV definition 
in 49 U.S.C. 31132(1). Section 4008 also changed the weight threshold 
in the CMV definition by adding ``gross vehicle weight'' (GVW) to the 
previous ``gross vehicle weight rating'' (GVWR). The agency may now 
exercise jurisdiction based on the GVW or GVWR, whichever is greater. 
For example, a vehicle with a GVWR of 9,500 pounds that was loaded to 
10,500 pounds GVW would be subject to the FMCSRs if it was operating in 
interstate commerce. Commercial motor vehicle is now defined (in 49 
U.S.C 31132) to mean a self-propelled or towed vehicle used on the 
highways in interstate commerce to transport passengers or property, if 
the vehicle--
    (A) Has a gross vehicle weight rating or gross vehicle weight of at 
least 10,001 pounds, whichever is greater;
    (B) Is designed or used to transport more than 8 passengers 
(including the driver) for compensation;
    (C) Is designed or used to transport more than 15 passengers, 
including the driver, and is not used to transport passengers for 
compensation; or
    (D) Is used in transporting material found by the Secretary of 
Transportation to be hazardous under section 5103 of this title and 
transported in a quantity requiring placarding under regulations 
prescribed by the Secretary under section 5103.
    Under section 4008(b) of TEA-21, operators of the CMVs defined by 
49 U.S.C. 31132(1)(B) will automatically become subject to the FMCSRs 
one year after the date of enactment of TEA-21, if they are not already 
covered, ``except to the extent that the Secretary [of Transportation] 
determines, through a rulemaking proceeding, that it is appropriate to 
exempt such operators of commercial motor vehicles from the application 
of those regulations.''
    The FHWA views section 4008 of TEA-21 as a mandate either to impose 
the FMCSRs on previously unregulated smaller capacity vehicles, or to 
exempt through a rulemaking proceeding some, or all, of the operators 
of such vehicles.

FHWA's Advance Notice of Proposed Rulemaking

    On August 5, 1998 (63 FR 41766), the FHWA published an advance 
notice of proposed rulemaking (ANPRM) to announce that the agency was 
considering amending the FMCSRs in response to section 4008(a) of the 
TEA-21, to seek information about the potential impact of the TEA-21 
definition, and to request public comment on whether any class of 
vehicles should be exempted. The agency also requested comment on 
whether the term ``for compensation'' may be interpreted to distinguish 
among the types of van services currently in existence.

Summary of the Comments to the ANPRM

    The FHWA received 733 comments in response to the ANPRM. The 
commenters included State and local government agencies, transit 
authorities, vanpool organizations, vanpool members, universities, 
trade associations, and members of Congress, as well as private 
citizens. Most (more than 720) of the commenters were opposed to making 
the FMCSRs applicable to the operation of small passenger-carrying 
CMVs. However, several commenters believed it is necessary to regulate 
these vehicles and, in certain cases, identified what they believe are 
the specific safety issues section 4008(a) was intended to resolve. A 
detailed discussion of the comments is provided in an interim final 
rule, published elsewhere in today's Federal Register, exempting these 
motor carriers from the FMCSRs for a period of six months.

[[Page 48519]]

Summary of the FHWA's Response to Comments

    As indicated in the interim final rule, the FHWA has considered all 
of the comments received in response to the ANPRM and determined there 
is insufficient data concerning the safety performance of motor 
carriers operating CMVs designed or used to transport 9 to 15 passenger 
(including the driver) for compensation, to justify making the FMCSRs 
applicable to them. Commenters to the docket have expressed opinions 
for and against regulating operators of passenger-carrying vehicles 
designed to transport 9 to 15 passengers (including the driver), but 
none of the commenters have presented safety data that could be useful 
in deciding whether to regulate such motor carriers. While the FHWA 
acknowledges that there may be safety benefits to extending the 
applicability of the FMCSRs to the operation of small passenger-
carrying CMVs for compensation, a mere assumption does not satisfy the 
agency's obligation to quantify the benefits of rulemaking.
    Given the statutory deadline of June 9, 1999, for deciding whether 
to exempt the operation of small passenger-carrying CMVs from the 
FMCSRs, the FHWA has decided that it is in the public interest to limit 
the applicability of the FMCSRs to the motor carrier operations covered 
prior to the enactment of TEA-21 for the time being. The FHWA currently 
has no useful data on the relative safety of small passenger CMVs. In 
the absence of such data, the agency has no rational basis for 
extending the FMCSRs to this class of vehicles. Accordingly, in a 
separate rulemaking document published elsewhere in today's Federal 
Register, the FHWA is exempting for a period of six months, all of the 
operators of small passenger-carrying CMVs from the FMCSRs to allow 
time for the completion of this rulemaking.

Discussion of the Proposal

    The FHWA believes that action must be taken to learn more about the 
operational safety of motor carriers operating small passenger vehicles 
for compensation. The agency is proposing that these motor carriers be 
required to complete a motor carrier identification report (49 CFR 
385.21), and comply with the FHWA's CMV marking regulation (49 CFR 
390.21) which would include displaying a USDOT motor carrier 
identification number on all vehicles designed or used to transport 9 
to 15 passengers for compensation in interstate commerce. The agency 
would also require that these motor carriers maintain an accident 
register (49 CFR 390.15).

Motor Carrier Identification Report

    Section 385.21 of the FMCSRs requires motor carriers to file Form 
MCS-150, Motor Carrier Identification Report, within 90 days after 
beginning operations in interstate commerce. The information from the 
Form MCS-150 is used to create a file in the Motor Carrier Management 
Information System (MCMIS), a database containing safety information 
(e.g., compliance review results, roadside inspection results, CMV 
accidents, etc.) about interstate motor carriers.
    The FHWA is proposing that operators of small passenger-carrying 
CMVs be required to file Form MCS-150 to enable the agency to determine 
how many motor carriers are affected by the TEA-21 revision to the CMV 
definition, the number of drivers employed and vehicles operated by 
these carriers, and the principal place of business for each of these 
entities. Each motor carrier would be assigned a USDOT census or 
identification number which, when marked on each CMV operated by the 
motor carrier, could help enforcement officials and the general public 
identify these businesses.

Vehicle Marking

    Section 390.21 requires that motor carriers mark their CMVs with 
the name or trade name of the business, the city or community and State 
in which the motor carrier maintains its principal place of business, 
and its motor carrier identification number. The FHWA requests comments 
on the practical utility of applying these marking requirements to the 
operators of small passenger-carrying CMVs. The FHWA would require the 
operators of small passenger-carrying vehicles to comply with all the 
provisions of Sec. 390.21 to ensure that enforcement officials and the 
public can identify their vehicles and that accidents (as defined in 49 
CFR 390.5) can be recorded by the States and entered into the FHWA's 
SAFETYNET database. The FHWA would use the information to study the 
number and locations of accidents, and the motor carriers involved, to 
determine if there are patterns or trends concerning the safety 
performance of these carriers.

Accident Register

    Section 390.15 requires that motor carriers make all records and 
information pertaining to an accident available to the FHWA upon 
request. Motor carriers must give the FHWA all reasonable assistance in 
the investigation of any accident. Motor carriers also must maintain at 
the principal place of business, for a period of one year after an 
accident occurs, an accident register with the following information:
    (1) Date of the accident;
    (2) City or town in which or most near where the accident occurred, 
and the State in which the accident occurred;
    (3) Driver's name;
    (4) Number of injuries;
    (5) Number of fatalities; and
    (6) Whether hazardous materials, other than fuel spilled from the 
fuel tanks of the motor vehicles involved in the accident, were 
released.
    Copies of all accident reports required by State or other 
government entities or insurers also must be maintained by the motor 
carriers.
    The FHWA is proposing that operators of CMVs designed or used to 
transport 9 to 15 passengers be required to comply with Sec. 390.15 to 
assist the agency in conducting investigations and, if necessary, 
special studies about the safety performance of particular motor 
carriers or segments of the industry. For example, if one of a motor 
carrier's vehicles is involved in a major accident or a series of 
accidents, the FHWA could review the records required by Sec. 390.15 as 
part of the process of determining whether there are deficiencies with 
the carrier's safety management controls.

Explanation of the Term ``For Compensation''

    The TEA-21 definition of a passenger CMV includes the phrase ``for 
compensation'' in 49 U.S.C. 31132(1)(B). However, TEA-21 did not 
include a definition of the phrase. The FHWA considers the term to be 
synonymous with ``for hire.'' The FHWA intends that this rulemaking be 
applicable to all interstate for-hire motor carriers of passengers 
operating CMVs designed or used to transport 9 to 15 people. Although 
some commenters to the FHWA's ANPRM suggested that a distinction be 
made between motor carriers that are ``directly compensated'' and those 
that are ``indirectly compensated,'' the agency does not believe it is 
appropriate to exempt a for-hire motor carrier from the requirements 
being proposed on the basis of how the motor carrier is paid for its 
services. The FHWA requests comments on this issue.
    On April 4, 1997 (62 FR 16370), the FHWA published Regulatory 
Guidance for the Federal Motor Carrier Safety Regulations. Page 16407 
of that notice includes an interpretation of ``for-hire motor 
carrier.'' The guidance states:

    The FHWA has determined that any business (emphasis added) 
entity that

[[Page 48520]]

assesses a fee, monetary or otherwise, directly or indirectly for 
the transportation of passengers is operating as a for-hire carrier. 
Thus, the transportation for compensation in interstate commerce of 
passengers by motor vehicles (except in six-passenger taxicabs 
operating on fixed routes) in the following operations would 
typically be subject to all parts of the FMCSRs, including part 387: 
whitewater river rafters; hotel/motel shuttle transporters; rental 
car shuttle services, etc. These are examples of for-hire carriage 
because some fee is charged, usually indirectly in a total package 
charge or other assessment for transportation performed.

    The reference to six-passenger taxicabs operating on fixed routes 
was included in the guidance because of the ICC Termination Act of 1995 
(ICCTA) (Pub. L. 104-88, 109 Stat. 803, 919). The ICCTA amended the 
statutory definition of a CMV prior to TEA-21, adding ``designed or 
used to transport passengers for compensation, but exclud(es) vehicles 
providing taxicab service and having a capacity of not more than 6 
passengers and not operated on a regular route or between specified 
places.'' The TEA-21 resulted in the removal of this clause from the 
definition of CMV.
    An example of transportation that would not be covered by this 
rulemaking is commuter vanpools. The FHWA understands that passengers 
in many vanpools pay a monthly fee to an individual, who either owns or 
leases the van. The FHWA does not believe this is a business. The 
individual uses this money not as a source of income or in the 
furtherance of a commercial enterprise, but to pay for the van, 
insurance premiums, fuel, and maintenance. There may be surplus funds 
each month that are put in reserve to cover unexpected costs, or losses 
of revenue during periods in which vanpool membership decreases. The 
FHWA, however, does not believe that this type of arrangement should be 
considered ``for compensation'' and does not intend to regulate such 
operations. The agency requests comments on the nature of these 
operations.

Rulemaking Analysis and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable. In addition to late comments, the 
FHWA will also continue to file relevant information in the docket as 
it becomes available after the comment period closing date, and 
interested persons should continue to examine the docket for new 
material.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is a significant 
regulatory action within the meaning of Executive Order 12866 and 
significant within the meaning of Department of Transportation 
regulatory policies and procedures because of the substantial public 
interest concerning the possible extension of the applicability of the 
FMCSRs to a larger population of motor carrier operations. This 
rulemaking proposal would require that operators of vehicles designed 
or used to carry between 9 and 15 passengers (including the driver), 
for compensation in interstate commerce file a motor carrier 
identification report, mark their CMVs with a USDOT identification 
number, and maintain an accident register.
    The FHWA believes the costs of complying with the requirements to 
submit a motor carrier identification report and to maintain an 
accident register are negligible. These requirements impose only 
information collection burdens (i.e., completion of forms, 
recordkeeping, etc.) and are discussed in greater detail below in the 
``Paperwork Reduction Act'' section of this notice.
    The FHWA estimates that the cost of marking CMVs will be between 
$11 and $26 per vehicle depending on the number of vehicles the motor 
carrier operates. The cost estimates are based upon the FHWA's 
preliminary regulatory evaluation and regulatory flexibility analysis 
prepared for the June 16, 1998 (63 FR 32801), notice of proposed 
rulemaking about CMV marking requirements. The complete regulatory 
evaluation and regulatory flexibility analysis are included in FHWA 
Docket No. FHWA-98-3547.
    Since motor carriers operating CMVs designed or used to transport 9 
to 15 passengers currently are not required to complete Form MCS-150, 
the FHWA does not have sufficient data to estimate the total number of 
CMVs that would need to be marked in accordance with Sec. 390.21. 
However, one of the commenters responding to the FHWA's August 5, 1998, 
ANPRM (63 FR 41766) provided information that may be useful in 
estimating the population of vehicles that would need to be marked. The 
International Taxicab and Livery Association (ITLA) stated:

    According to information available to ITLA, there are approximately 
50,000 limousines in use that would be affected by the definitional 
change. It should be noted that there are over 9000 limousine operators 
nationwide (also operating premium sedan services), and that the median 
fleet size is less than 5. In addition, the average annual miles 
operated by limousines is approximately 23,000 miles.
    ITLA estimates that there are approximately 74,000 vans 
nationwide--``the breakdown between ``mini-vans'' and those affected by 
the proposed definition is not available. Van fleets average less than 
10 vans, with an approximate annual mileage of 40,000 per vehicle, and 
an average trip length of less than 8 miles lasting significantly less 
than 1 hour.
    In September of 1998, the American Business Information (a mailing 
list sales company) released a sales catalog that reports the following 
information:

------------------------------------------------------------------------
                                                              Number of
             SIC code                   Type of service          U.S.
                                                              companies
------------------------------------------------------------------------
4111-01..........................  Airport Transportation..        4,752
4119-01..........................  Handicapped                     1,302
                                    Transportation.
4119-03..........................  Limousine Transportation        9,482
4121-01..........................  Taxicab Transportation..        7,348
                                                            ------------
                                       Total...............       22,884
------------------------------------------------------------------------

    The ITLA indicated that, if the FHWA decides to make the FMCSRs 
applicable to the operation of small passenger-carrying vehicles, 
approximately 14,000 companies, 125,000 vehicles, and 165,000 drivers 
would be covered. If there are 125,000 vehicles designed or used to 
transport 9 to 15 passengers for compensation in interstate commerce,

[[Page 48521]]

the costs to the industry for marking CMVs could be between $1,375,000 
and $3,250,000. The costs are one-time expenses and would not be 
recurring. Generally, the marking would last the normal life of the 
vehicle.
    At this time, the FHWA is not able to specifically quantify the 
safety benefits resulting from requiring CMVs to be marked. The 
requirement is necessary because it would be used to monitor the safety 
performance of these motor carriers. The safety performance data 
ultimately would be used to determine whether there are safety problems 
with operators of small passenger-carrying CMVs, and whether other 
FMCSRs should be made applicable to them. The FHWA specifically 
requests comments on the potential costs and benefits of the proposed 
requirements.
    The FHWA has considered other rulemaking options such as, not 
imposing any regulatory burdens on these motor carriers, excluding the 
marking requirements from this rulemaking proposal, or imposing more 
stringent requirements. The agency believes the option chosen would be 
most effective at helping to achieve its objective to monitor the 
safety performance of these passenger carriers. Based upon the 
information above, the agency anticipates that the economic impact 
associated with this rulemaking action is minimal and a full regulatory 
evaluation is not necessary.

Regulatory Flexibility Act

    The FHWA has considered the effects of this regulatory action on 
small entities and determined that this proposal could affect a 
substantial number of small entities, but would not have a significant 
impact on these entities. If the ITLA's estimate of 14,000 interstate 
motor carriers operating CMVs designed or used to transport 9 to 15 
passengers is accurate, and most or all of these businesses are 
classified as small businesses by the Small Business Administration 
(SBA), the rulemaking would affect up to 14,000 small entities.
    Generally, the costs per vehicle for small companies to mark their 
CMVs would be greater than those for large companies. If a motor 
carrier has between 1 to 6 vehicles, the total cost per vehicle for 
marking is estimated at $26. The motor carrier's total cost would 
therefore be between $26 and $156. For a motor carrier operating 7 to 
20 CMVs, the total cost per vehicle marking would be $21. The total 
cost for the motor carrier's fleet would be between $147 and $420. For 
a fleet of 21-99 vehicles, the total cost per vehicle marking would 
decrease to $16. The total cost for the motor carrier's fleet would be 
between $336 and $1,584. And, for a fleet of 100 to 999 vehicles the 
cost per vehicle marking would decrease to $11. The total fleet cost 
would be between $1,100 and $10,989.
    For the purpose of this rulemaking analysis, the FHWA will use the 
ITLA estimate for the number of business, vehicles, and drivers. The 
FHWA's data concerning carriers that have operating authority can only 
be used to identify 1,636 interstate motor carriers operating vehicles 
designed or used to transport 9 to 15 passengers. The agency believes 
there are many more carriers and that the ITLA's estimate appears to be 
a reasonable number. The FHWA requests comments on the number of motor 
carriers that would be subject to the proposed requirements, and the 
number of such carriers that are classified as small businesses.
    Based on its analysis summarized above, the FHWA believes that this 
rulemaking could affect a substantial number of small entities, but 
would not have a significant impact on these entities. For example, if 
a small entity operated between 7 and 20 CMVs, the total cost per 
vehicle marking would be $21. The total cost for the motor carrier's 
fleet would be between $147 and $420. The FHWA does not consider this 
total fleet cost to be a significant impact on a business operating 20 
vehicles. The FHWA, in compliance with the Regulatory Flexibility Act 
(5 U.S.C. 601-612), has considered the economic impacts of the proposed 
requirements on small entities and certifies that this rule would not 
have a significant economic impact on a substantial number of small 
entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rulemaking does not have sufficient Federalism implications 
to warrant the preparation of a Federalism assessment. Nothing in this 
document directly preempts any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. The FHWA has 
determined that this proposal contains new collection of information 
requirements for the purposes of the PRA. The FHWA is proposing that 
motor carriers operating CMVs designed or used to transport 9 to 15 
passengers meet the vehicle marking requirements at 49 CFR 390.21. The 
FHWA believes it is important that CMVs be properly marked so that the 
public has an effective means to identify motor carriers operating in 
an unsafe manner. Such markings will also assist Federal and State 
officials in accident investigations.
    The information collection requirements contained on Form MCS-150 
have been approved by the OMB under the provisions of the PRA and 
assigned the control number of 2125-0544 which expires on January 31, 
2000. The FHWA estimates it takes approximately 20 minutes for 
interstate motor carriers to complete a Form MCS-150. The agency 
estimates that as a result of this rulemaking, 14,000 interstate motor 
carriers, currently not subject to the FHWA's safety regulations, would 
have to complete the Form MCS-150. Motor carriers are required to 
complete the form within 90 days after beginning operations. Motor 
carriers may have the information updated but are not required to 
periodically submit a new Form MCS-150. Therefore, the FHWA estimates 
an additional burden of 4,667 hours [(20 minutes per motor carrier  x  
14,000 motor carriers)/60 minutes per hour] to OMB 2125-0544. Because 
this action contains a proposal to require businesses currently not 
subject to 49 CFR 385.21 to file the Form MCS-150, the FHWA is required 
to resubmit this proposed collection of information, as revised, to OMB 
for review and approval. Accordingly, the FHWA seeks public comment on 
this proposed information collection requirement.
    The information collection requirements for the accident register 
have been approved by the OMB under the provisions of the PRA and 
assigned the control number of 2125-0526 which expires on August 31, 
2002. The FHWA estimates it takes approximately 18 minutes for 
interstate motor carriers to collect and record the seven elements of 
information on the accident register. However, since the FHWA does not 
have sufficient information to estimate the number of accidents 
operators of small passenger-carrying CMVs have each year, the agency 
is unable to

[[Page 48522]]

estimate the total time burden. If each of the estimated 14,000 
interstate motor carriers operating small passenger-carrying vehicles 
has one accident per year, an additional burden of 4,200 hours per year 
[(18 minutes per motor carrier  x  14,000 motor carriers)/60 minutes 
per hour] would be added to OMB No. 2125-0526. Because this action 
contains a proposal to require businesses currently not subject to 49 
CFR 390.15 to maintain an accident register, the FHWA is required to 
resubmit this proposed collection of information, as revised, to OMB 
for review and approval. Accordingly, the FHWA seeks public comment on 
this proposed information collection requirement.
    Interested parties are invited to send comments regarding any 
aspect of these information collection requirements, including, but not 
limited to: (1) Whether the collection of information is necessary for 
the performance of the functions of the FHWA, including whether the 
information has practical utility; (2) the accuracy of the estimated 
burden; (3) ways to enhance the quality, utility, and clarity of the 
collection information; and (4) ways to minimize the collection burden 
without reducing the quality of the information collected.

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action does not have any effect on the quality 
of the environment.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded Federal mandate, as defined 
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.), 
that will result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.

Regulation Identification Number

    A regulatory identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects 49 CFR Part 390

    Highway safety, Motor carriers, Motor vehicle identification and 
marking, Reporting and recordkeeping requirements.

    Issued on: August 30, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend title 
49, Code of Federal Regulations, chapter III, as follows:

PART 390--[AMENDED]

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

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 
701 note); and 49 CFR 1.48.

    2. Amend Sec. 390.3 to revise paragraph (f)(6) to read as follows:


Sec. 390.3  General Applicability.

* * * * *
    (f) Exceptions.
* * * * *
    (6) The operation of commercial motor vehicles designed to 
transport less than 16 passengers (including the driver). However, 
motor carriers operating these vehicles for compensation are required 
to comply with 49 CFR 385.21, Motor carrier identification report, 49 
CFR 390.15, Assistance in investigations and special studies, and 49 
CFR 390.21, Marking of commercial motor vehicles.

[FR Doc. 99-23027 Filed 9-2-99; 8:45 am]
BILLING CODE 4910-22-P