[Federal Register Volume 65, Number 227 (Friday, November 24, 2000)]
[Rules and Regulations]
[Pages 70509-70514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30032]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2000-8209]
RIN 2126-AA57


Motor Carrier Identification Report

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

ACTION: Interim final rule.

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SUMMARY: The FMCSA amends the Federal Motor Carrier Safety Regulations 
(FMCSRs) to revise the requirements for filing the Motor Carrier 
Identification Report (MCS-150). A motor carrier is currently required 
to file this report before it begins to operate. As a result of this 
Interim final rule (IFR), the FMCSA will require each motor carrier to 
file an update of the report every 24 months. A motor carrier that 
submits similar information to a State as part of its annual vehicle 
registration requirement under the Performance and Registration 
Information Systems Management (PRISM) program will be in compliance if 
it files it with the appropriate State commercial motor vehicle (CMV) 
registration office. Section 217 of the Motor Carrier Safety 
Improvement Act of 1999 requires periodic updating, not more often than 
once every two years, of the motor carrier identification report filed 
by each motor carrier operating in interstate or foreign commerce.

DATES: This rule is effective on December 26, 2000. Comments must be 
received on or before January 23, 2001.

ADDRESSES: You can mail or deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit comments electronically at 
http://dms.dot.gov. Please include the docket number that appears in 
the heading of this document. You can examine and copy this document 
and all comments received at the same Internet address or at the Docket 
Management Facility from 9 a.m. to 5 p.m., e.t., Monday through Friday, 
except Federal Holidays. If you want to know that we received your 
comments, please include a self-addressed, stamped postcard or include 
a copy of the acknowledgment page that appears after you submit 
comments electronically.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Bus 
and Truck Standards and Operations, FMCSA, (202) 366-1790, or Mr. 
Charles E. Medalen, Office of Chief Counsel, (202) 366-1354, FMCSA, 400 
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION

Background

    In order to provide proper safety oversight of the regulated motor 
carrier community, the agency responsible for implementing and 
enforcing motor carrier safety regulations must know the 
characteristics of the individual motor carriers that comprise it. 
Section 217 of the Motor Carrier Safety Improvement Act of 1999 (Pub. 
L. 106-159, 113 Stat. 1748, Dec. 9, 1999) (MCSIA) directed the 
Secretary of Transportation to: require periodic updating, not more 
frequently than once every 2 years, of the motor carrier identification 
report, form MCS-150, filed by each motor carrier conducting operations 
in interstate or foreign commerce.
    This IFR responds to the congressional direction.
    The FMCSA and its predecessor agencies have considered the issue of 
requiring a motor carrier to report certain identifying and demographic 
information several times over the years. On June 25, 1986 (51 FR 
23088), the FHWA (the agency responsible for motor carrier safety 
before January 2000), issued a notice of proposed rulemaking (NPRM) to 
establish a procedure to assign safety ratings to each motor carrier 
that is subject to the FMCSRs and that operates in interstate or 
foreign commerce. The NPRM proposed that each unrated motor carrier 
file a questionnaire as an initial step in the safety review process. 
At that time, the agency anticipated that each unrated motor carrier 
would complete the questionnaire within the next three years. The 
questionnaire would have included information such as the motor 
carrier's legal and trade name, its business address, whether the motor 
carrier conducted operations in interstate or foreign commerce, the 
States where the motor carrier operated, the types of cargo carried, 
numbers of drivers and power units operated, accident and incident 
experience, and proof of financial responsibility.
    On December 19, 1988 (53 FR 50961), the FHWA issued a final rule 
requiring, among other things, that each motor carrier that had not 
received a safety rating from the FHWA must file a one-time Motor 
Carrier Identification Report, MCS-150. Each new motor carrier was 
required to file the form within 90 days after it began to operate. A 
motor carrier that received a safety rating from the FHWA did not have 
to file, since the agency got the information when it performed a 
safety review. The form served four purposes: (1) To identify motor 
carriers previously unknown to the FHWA; (2) to update the agency's 
motor carrier census [now known as the Motor Carrier Management 
Information System, or MCMIS]; (3) to require the motor carrier to 
certify that it is familiar with the FMCSRs; and (4) to assist the FHWA 
in setting priorities for performing safety reviews. The requirement to 
file the MCS-150 was codified at 49 CFR 385.21. Section 385.23 of the 
final rule stated that a motor carrier that failed to file the MCS-150, 
or provided false or misleading information could be liable for a civil 
or criminal penalty.
    On July 17, 1989 (54 FR 29912, FHWA Docket No. MC-89-6), the FHWA 
published an advance notice of proposed rulemaking (ANPRM) that, among 
other things, requested comments on the adequacy of the one-time filing 
of information in the MCS-150. The agency stated that it was

[[Page 70510]]

considering the possible use of a postcard-type form to update the 
information each year.
    The agency listed 12 items of information that it could request a 
motor carrier to report and/or correct, including its name, USDOT 
number, address, whether the motor carrier was still operating in 
interstate commerce, the principal commodity transported, whether it 
transported hazardous materials, the number of vehicles operated 
(straight trucks, truck tractors, semi- or full trailers, buses), and 
the total number of miles operated annually in the United States. The 
agency reviewed the comments submitted at that time but delayed taking 
further action on the postcard update because the issue did not appear 
to demand immediate attention.
    The Transportation Lawyers Association (TLA) filed a petition on 
March 2, 1994, requesting that the FHWA initiate a rulemaking to 
require motor carriers to file the MCS-150 every two years and within 
20 days following a change of its name, control, ownership, or its 
principal place of business. The TLA also recommended that the FHWA 
amend the MCS-150 to include information on revenue, mileage, and 
accident data. On August 26, 1996 (61 FR 43816), the agency published 
an ANPRM concerning development of a comprehensive Motor Carrier 
Replacement Information/Registration System (also known as the Unified 
Carrier Register (UCR)). That notice responded to congressional 
direction in Section 103 of the ICC Termination Act (49 U.S.C. 13908). 
Among the many issues raised in that ANPRM, the agency asked for 
comment on the possibility of periodic updating of the information in 
the MCS-150 and other forms, and the appropriate frequency of those 
updates. Because the ANPRM covered a range of issues beyond the scope 
of the TLA petition, the agency decided neither to grant nor deny the 
petition, but rather to file it as a comment to that August, 1996 
docket. Although several commenters addressed the question of an update 
cycle for the information contained in the MCS-150, their responses 
varied widely. Some asserted that the data should be ``continuous and 
current,'' others advocated a periodic update to take place no more 
often than annually, while still others believed it should be updated 
only on an as-needed basis. However, a number of the commenters 
mentioned they would like to be able to update the information online. 
An NPRM for the UCR is under development.
    On June 16, 1998 (63 FR 32801) the FHWA published an NPRM that 
dealt with CMV marking. Among other things, it proposed to require each 
new motor carrier to submit its MCS-150 before it began to operate. The 
agency received no adverse comments to this provision of the NPRM. The 
final rule that was published on June 2, 2000 (65 FR 35287) and became 
effective on July 3, 2000 (to be codified at 49 CFR 390.19) requires a 
motor carrier to submit this form before it begins operating in 
interstate commerce.

The MCS-150: What It Is, How It Is Used

    The MCS-150 is a single-page report. A motor carrier must provide 
basic information, e.g., name, address, telephone number, cargo 
classifications, any types of hazardous materials carried, numbers and 
types of equipment (trucks, tractors, trailers, passenger vehicles) 
used, number of drivers, and types of operations. A motor carrier can 
obtain a hard copy form from the FMCSA Office of Research, Technology 
and Information Management, 400 Seventh Street, SW., Washington, DC 
20590, or from any of the four FMCSA Service Centers or fifty-two 
Division Offices. The form is printed so it may be folded and mailed, 
postage-paid by the FMCSA. A motor carrier can also obtain it from the 
Internet through the Federal Motor Carrier Safety Administration web 
page at: http://www.fmcsa.dot.gov/factsfigs/formspubs.htm under ``DOT 
Number--Application Form.'' The motor carrier may fill out the MCS-150 
on the screen, print it, and submit it by mail or by facsimile. (A for-
hire motor carrier should submit the MCS-150 along with its application 
for operating authority to the appropriate address shown on that form, 
or may submit it separately to the address mentioned on the web page.) 
The FMCSA is working on providing electronic filing of the MCS-150.
    The FMCSA enters the information from the MCS-150 into the Motor 
Carrier Management Information System (MCMIS) and assigns the motor 
carrier a U.S. DOT identification number. The FMCSA uses the 
information contained in the MCMIS to track motor carrier safety 
performance and to assess nationwide motor carrier safety trends. The 
MCMIS contains motor carrier data from a variety of sources: roadside 
inspections, accident reports, safety and compliance reviews, and 
enforcement actions. Federal and State field personnel use the MCMIS to 
target potentially unsafe motor carriers for attention, including 
compliance reviews. For example, a motor carrier could be selected for 
a compliance review if a high percentage of its vehicles were placed 
out-of-service during a roadside safety inspection, or if it 
experienced an above average number of accidents.
    The FMCSA also uses MCMIS for analytical purposes, including 
monitoring nationwide trends and evaluating program effectiveness. The 
demographic and operational information provided on the MCS-150 enables 
the agency to determine the safety performance of specific classes of 
motor carrier operations, by types of freight and passenger 
transportation provided, and by categories of cargoes transported. This 
enables the FMCSA to develop strategies to effectively address sector-
specific safety issues. The information on types of passenger and 
freight transportation equipment operated, and the number of drivers 
used, facilitates the development of vehicle-type-specific safety 
performance information.
    Motor passenger and freight transportation operations can change 
substantially over time. However, there currently is no requirement for 
most motor carriers to update this information. This severely limits 
the agency's ability to maintain accurate information about the motor 
carriers that it regulates, to gather data used to assess motor 
carriers' safety performance, and to assess the effectiveness of the 
agency's programs and activities. For-hire motor carriers, household 
goods freight forwarders, and property brokers are required to advise 
the FMCSA when there is a change in business form (i.e., transfer of 
operating rights, reincorporation or merger, etc.) or a change in its 
legal or trade name. This requirement is codified at 49 CFR 365.413. A 
for-hire motor carrier may, also, at its option, notify the FMCSA if it 
ceases operations and wants to have its operating authority revoked.
    The FMCSA's ability to address safety concerns with individual 
motor carriers, as well as to gauge the safety of the motor carrier 
industry as a whole, is dependent upon the agency's access to accurate 
and up-to-date carrier-specific information. The agency computes safety 
performance metrics based on the number of power units operated 
(SafeStat algorithm) to prioritize safety compliance reviews for motor 
carriers. (This issue was discussed in an April 1998 report, ``New 
Entrant Safety Research,'' prepared for the agency by the John A. Volpe 
National Transportation Systems Center, available at http://ai.volpe.dot.gov and in the docket.) Up-to-date and accurate 
information is also necessary for the

[[Page 70511]]

FMCSA to be able to gauge benefits and costs of its programs and 
activities on the safety performance of motor carriers on a national 
scale. The agency believes that the initial and biennial updates 
required under Section 217 of the MCSIA strike a reasonable balance 
between the value and the cost of providing the agency with current 
information.
    As part of its preparation for the development of a Unified Carrier 
Register, the FMCSA has been harmonizing data on for-hire motor 
carriers in the Licensing and Insurance (L&I) database (formerly 
maintained by the Interstate Commerce Commission) with MCMIS. The 
agency is also addressing the problem of incomplete MCS-150 forms. It 
has made good progress on both activities. However, the one-time 
addition of this information does not address the fundamental concern 
that Section 217 focuses upon: the need for regular, periodic updates 
to provide the best information for the agency to carry out its 
mission.

FMCSA Decision

    After careful consideration of the issues involved, the FMCSA has 
determined it is in the best interest of motor carrier safety to 
publish an IFR that will require a motor carrier to provide a biennial 
update of information contained in the MCS-150.
    There are two reasons for requiring a motor carrier to update the 
information on the MCS-150 every two years, the most frequent interval 
authorized by Section 217 of the MCSIA. First, the two-year update 
cycle significantly improves the quality of the agency's data bases and 
its ability to optimally target inspection and enforcement resources 
cited under Section 3 of the MCSIA. The motor carrier industry is 
extremely dynamic: the number of motor carriers in the MCMIS expands by 
close to one percent per month. At present, more than 525,000 carriers 
are on file in the MCMIS system and an average of 4,200 more are added 
each month. The FMCSA performs quarterly assessments of its programs 
and activities to improve the safety of the motor carrier industry. The 
agency believes that an update cycle longer than two years simply will 
not provide the agency with the basic data it needs to perform its 
safety mission efficiently or effectively.
    Second, recent congressional direction in the Transportation Equity 
Act of the 21st Century (TEA-21)(Pub. L. 105-178, 112 Stat. 107, June 
9, 1998) and the MCSIA require the FMCSA to issue a number of new 
regulations that may have a significant impact on motor carrier safety. 
Some of those requirements apply to specific segments of the motor 
carrier industry, such as passenger transportation in CMVs designed to 
transport between 9 and 15 passengers, including the driver. It is 
critical for the agency to be able to determine the safety performance 
of specific categories of transportation providers. Additionally, the 
agency must be able to provide well-founded estimates of the potential 
benefits and costs of the regulations it promulgates. Having up-to-date 
and accurate information on the number and basic characteristics of 
regulated entities in critical to fulfilling this requirement.

Update Schedule

    Today's IFR requires all motor carriers to file a new MCS-150 every 
24 months. However, to make the procedure simple for motor carriers and 
manageable for the agency, the IFR sets staggered filing dates. Each 
motor carrier determines the month and the year in which it must file 
based on its USDOT number.
    The Month. If a motor carrier's USDOT number ends in 1, it must 
file the MCS-150 update by the end of January, and every second January 
afterwards; if the USDOT number ends in 2, 3, 4, 5, 6, 7, 8 or 9, the 
carrier must file by the end of February, March, April, May, June, 
July, August or September, respectively, and biennially after that; and 
if the USDOT number ends in 0, the update must be filed by the end of 
October, and every two years after that.
    The Year. If the next to the last digit in the motor carrier's 
USDOT number is odd, the carrier must file its MCS-150 update in an 
odd-numbered year; if even, in an even-numbered year. For purposes of 
this rule, zero is considered an even number.
    Section 217 restricts the frequency of MCS-150 updates to no more 
than every two years, which limits the burden imposed by the 
requirement. As the system starts-up, some relatively new carriers, 
however, must submit their first update less than two years after 
initially filing the MCS-150. For example, a carrier that submitted an 
MCS-150 at the end of November, 1999, and received a USDOT number 
ending in 97, will file an update by the end of July 2001 (the seventh 
month of the first odd-numbered year)--a cycle of 20 months. If a new 
carrier with a USDOT number ending in 53 filed its MCS-150 in August, 
2000, it will have to re-file by the end of March, 2001--a cycle of 
about 7 months. On the other hand, the staggered update system can also 
produce initial cycles much longer than two years. A motor carrier that 
submitted its MCS-150 in January, 1999, and received a USDOT number 
ending in 60 would not have to update its information until the end of 
October, 2002 (tenth month of the first even-numbered year)--a (one-
time) cycle of about 45 months. And a carrier that filed its MCS-150 
ten or more years ago would have an even longer first cycle. However, 
after the first round of updates is complete, all motor carriers will 
be on a firm 24-month update schedule. Due to the minimal time and 
effort to update the MCS-150 and the difficulty in determining how many 
motor carriers will be affected by this schedule, FMCSA finds that this 
IFR is consistent with the intent of Sec. 217.
    Special situations. There are two situations where, because of the 
special circumstances surrounding the need for information, a motor 
carrier will update the information in the MCS-150 more frequently than 
the two-year refiling interval specified in Section 217. They are: (1) 
Verifications of information made during the course of compliance 
reviews, and (2) a motor carrier registering its CMVs in States 
participating in the PRISM program.
    Compliance reviews. FMCSA safety investigators must have up-to-date 
motor carrier information to properly perform record selection and 
exposure-based safety analyses when they conduct compliance reviews 
(CRs). For that reason, the FMCSA has had a longstanding practice of 
requiring safety investigators to begin the CR by asking the motor 
carrier to verify the information contained in its MCMIS record. Since 
the information obtained during a CR may lead to enforcement action, it 
is clearly in the interest both of the motor carrier and the agency 
that it be accurate. Because a CR is an audit with respect to a 
specific party, it is not considered an information-gathering activity 
subject to the Paperwork Reduction Act. The agency does not believe 
that requesting a motor carrier to review MCS-150 information during 
the course of a CR is inconsistent with the requirements of Section 
217.
    Motor carriers in PRISM States. The PRISM program links State 
commercial motor vehicle registration to the safety fitness of motor 
carriers. PRISM began as a mandate by Congress to explore the potential 
of linking the commercial vehicle registration process to motor carrier 
safety. The intent of Congress as stated in Section 4003 of the 
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 was to 
``link the motor carrier safety information network system of the 
Department of Transportation and similar State

[[Page 70512]]

systems with the motor vehicle registration and licensing systems of 
the States'' to achieve two purposes: (1) Determine the safety fitness 
of the motor carrier prior to issuing license plates; and (2) cause the 
carrier to improve its safety performance through an improvement 
process and, where necessary, the application of registration 
sanctions. The program has been authorized for national implementation 
under Section 4004 of TEA-21. It is a key element in the FMCSA's motor 
carrier enforcement and safety compliance program. The States 
participating in PRISM receive special grants to implement the program.
    The commercial vehicle registration process of the States provides 
the framework for the PRISM program. It serves two vital functions. 
First, it establishes a system of accountability by ensuring that no 
one receives a license plate for a vehicle without identifying the 
carrier responsible for the safety of the vehicle during the 
registration year. Second, the use of registration sanctions (denial, 
suspension and revocation) serve as a powerful incentive for unsafe 
carriers to improve their safety performance. The vehicle registration 
process ensures that all carriers engaged in interstate commerce are 
uniquely identified through a USDOT number when they register their 
vehicles. The safety fitness of each carrier can then be checked prior 
to issuing vehicle registrations. The State can refuse to register 
vehicles of an unfit carrier (as defined by the FMCSRs).
    The FMCSA has given PRISM States access to the MCMIS database so 
they may issue USDOT numbers to interstate motor carriers as part of 
their commercial vehicle registration requirements. In addition, PRISM 
States require motor carriers to annually update information similar to 
that contained in the MCS-150 to reflect current operations. Some 
States enter this information directly, others forward it to the FMCSA 
for data entry. As of September 1, 2000, 16 States participate in the 
PRISM program. By the end of September, 2001, we expect a total of 21 
States to participate.
    In summary, the PRISM program responds to congressional direction. 
It serves a specific safety purpose by preventing motor carriers with 
significant and persistent safety deficiencies from registering their 
CMVs, a fundamental requirement for operating on public highways. The 
FMCSA has determined that, if a motor carrier in a PRISM State files 
information similar to what is required in the FMCSA's MCS-150 annually 
with the State commercial vehicle registration office, this meets the 
periodic filing requirement of this rule and no additional filing with 
the FMCSA is necessary.
    The IFR does not change the requirement of 49 CFR 390.19(e) that a 
motor carrier must file this information, and must not furnish 
misleading information or make false statements.

Implementation Schedule

    Until now, a motor carrier was required to file the MCS-150 once, 
at the time it began to operate in interstate commerce. Under the IFR, 
it will be required to file every 24 months. Even though the agency 
does not expect motor carriers to experience difficulties in complying 
with this new rule, it still represents a change from the status quo. 
The new requirement for updating the MCS-150 also requires a 
significant change to the FMCSA's operations and resources required to 
accomplish this activity. Historically, the FMCSA has received 
approximately 50,000 forms annually. Since the MCMIS currently contains 
over 500,000 unique motor carrier entries, and half of them would 
submit updated information each year of a 24-month update cycle, the 
agency's data entry and verification workload will increase by 
approximately 400 percent. The FMCSA has been preparing for this 
significant increase in activity, and expects to have the resources in 
place by late 2000 so it can complete the necessary planning and 
testing of procedures to accommodate the increased volume of data entry 
and verification.
    In order to ease the burden on both motor carriers and the FMCSA, 
the new biennial update system will be distributed over the first 10 
months of the calendar year. The first cycle will begin in January, 
2001. Those motor carriers with an odd-number in the next-to-last digit 
of their USDOT number would be required to file in calendar year 2001, 
and those with an even number in the next-to-last digit of their USDOT 
number would be required to file in calendar year 2002. In each cycle, 
motor carriers with a USDOT number ending with the numeral 1 must file 
by January 31 every other year. Carriers with a number ending in 2 are 
to file by February 28 or 29, and so forth, through 0, the number for 
filing in October. During the final two months of each year, FMCSA 
staff will complete the necessary verification of the information 
filed.
    For the initial phase of the implementation period, the FMCSA will 
allow motor carriers that would be required to file their MCS-150 by 
the end of January or February, 2001, to file by the end of March, 
2001. The agency believes that providing this additional time is 
appropriate to ensure that motor carriers will have the opportunity to 
become aware of this new requirement, and to ensure that the agency is 
prepared to handle it.

Rulemaking Analyses and Notices

    The FMCSA has determined it is appropriate to make this rule 
effective on December 26, 2000. The Administrative Procedure Act (APA) 
[5 U.S.C. 551 et seq.] allows an agency to waive the requirement for 
notice and comment before promulgating a rule when those procedures are 
``impracticable, unnecessary, or contrary to the public interest'' [5 
U.S.C. 553(b)].
    In this case, prior notice and opportunity for comment are 
unnecessary. Section 217 directs the FMCSA in detail to amend 49 CFR 
385.21 (now recodified as Sec. 390.19) to require periodic updating of 
the MCS-150, and to complete the initial update of MCS-150 data within 
one year of the date of enactment of the MCSIA. Section 217 provides 
that periodic updates shall be required not more than biennially. This 
IFR simply promulgates the requirements of Section 217. It differs from 
the statute only in setting an orderly schedule for the updates. 
Resource limitations of the new FMCSA prevent it from implementing the 
update of more than half a million Motor Carrier Identification Reports 
as rapidly as Congress anticipated, yet the information is essential in 
meeting agency goals and the burden on filers is small. All of the 
substance of Section 217 is being adopted without change. Because the 
statutory mandate is specific, the rule follows it so closely, and the 
burden on motor carriers is extremely small, public comment would not 
be expected to provide information that would affect the outcome of the 
rulemaking proceeding. Accordingly, the FMCSA finds good cause to waive 
prior notice of and opportunity for comment on this rule.
    However, the agency will consider comments received by the comment 
deadline in evaluating whether any changes to this IFR are needed. 
Since the 60-day comment period on this IFR ends before the first 
updated report must be filed, corrections or improvements that are 
brought to our attention can be incorporated into the rule early in the 
2001 filing cycle. 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 FMCSA will also continue 
to file relevant information in

[[Page 70513]]

the docket as it becomes available after the comment period closing 
date. Please continue to review the docket for new material.

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

    The FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866, and is 
not significant within the meaning of the Department of 
Transportation's regulatory policies and procedures (DOT Order 2100.5 
dated May 22, 1980; 44 FR 11034, February 26, 1979). The current 
requirement for motor carriers to file a single MCS-150 before 
beginning operations limits the agency's ability to maintain current 
information on the industry that it regulates, and to accurately gauge 
the safety outcomes of its programs and activities. This IFR responds 
to the requirement of Section 217 of the MCSIA by requiring motor 
carriers operating in interstate or foreign commerce to provide an 
update of the information filed with the FMCSA on their most recent 
MCS-150 no more often than every two years. As discussed in the next 
section, the IFR imposes so little additional burden that a full 
regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency has considered the effects of this IFR on small 
entities. The FMCSA is revising its requirement for filing the MCS-150 
to respond to direction contained in Section 217 of the MCSIA. Motor 
carriers are required to file their MCS-150 updates according to a 
schedule determined by the next-to-last digit (whether the update would 
be filed during an odd-numbered or even-numbered year) and the last 
digit (the filing month) of their assigned USDOT number.
    As of April, 2000, the FMCSA estimates there are 430,173 motor 
carriers operating between 1 and 20 powered units (trucks, truck-
tractors, buses, and motorcoaches), and another 84,272 that operate an 
unspecified number of powered units.
    The agency has estimated that it takes 20 minutes to complete the 
MCS-150 the first time it is filed. However, the agency estimates the 
biennial update would take considerably less time because most of the 
information is likely to be the same and motor carriers would already 
have had the experience of completing the form at least once before. 
For the purpose of this IFR, the agency estimates that the biennial 
update would take 10 minutes. The agency considers the time necessary 
for motor carriers to comply with this provision to be de minimis: the 
time requirement is estimated to be extremely small, especially in 
comparison to the filing of other information required from businesses 
in their normal course of operations. Furthermore, if the motor carrier 
uses the postage-paid return form provided by the agency, it will not 
incur costs for mailing or facsimile transmission costs. Therefore, in 
compliance with the Regulatory Flexibility Act, the FMCSA certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132. It has been determined 
that this rulemaking does not have a substantial direct effect on 
States, nor would it limit the policymaking discretion of the States. 
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), a Federal agency must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information it 
conducts, sponsors, or requires through regulations. An analysis of 
this rule has been made by the FMCSA, and it has been determined that 
it will affect the information collection burden associated with the 
currently-approved information collection covered by OMB Control No. 
2126-0013 (formerly 2125-0544). The OMB approved the most recent update 
of this information collection on October 4, 1999. The approval period 
runs through October 31, 2002.
    For a motor carrier filing an MCS-150 for the first time, the FMCSA 
estimates it takes approximately 20 minutes to gather the information 
and complete the form. The FMCSA estimates that there are approximately 
50,000 new motor carriers annually who must file their initial MCS-150. 
Until now, a motor carrier has only been required to complete and file 
this form once, when it begins to operate CMVs in interstate commerce. 
The IFR requires a motor carrier to provide an update of the 
information every two years, starting January, 2001. For most motor 
carriers, it is likely that much of the information contained on the 
MCS-150 will remain unchanged. The FMCSA estimates that the updates 
required during calendar year 2000, and the biennial update starting 
January, 2001, would require 10 minutes. Because the agency is 
implementing a regulation that will require motor carriers to file this 
information more frequently, the FMCSA is required to submit this 
proposed collection of information, as revised, to OMB for review and 
approval. The FMCSA seeks public comment on this proposed information 
collection requirement.
    An NPRM concerning CMV marking, published on June 16, 1998 (63 FR 
32801) solicited public comments on these information collection 
requirements as a component of the NPRM action. The OMB previously 
received a summary of the comments that address the MCS-150. Comments 
were neutral to favorable; in fact, several commenters asked the FMCSA 
to consider requiring motor carriers to provide regular updates of 
information contained in the MCS-150.
    Estimated Annual Reporting Burden:
      Number of respondents: 535,000 motor carriers.
      Burden hours: Biennial update: 535,000  x  50% (biennial)  x  10 
minutes per update = 44,583 hours; Annual initial MCS-150 filings: 
50,000  x  20 minutes/60 = 16,667 burden hours. Total estimated annual 
burden: 61,250 hours.

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 of 1995

    This rule does not impose a Federal mandate resulting in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year. 2 
U.S.C. 1531 et seq.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630,

[[Page 70514]]

Governmental Actions and Interference with Constitutional Protected 
Property Rights.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in Sections 3(a) and 3(b)(2) 
of E.0. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

List of Subjects in 49 CFR Part 390

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

    In consideration of the foregoing, the FMCSA amends title 49, Code 
of Federal Regulations, Chapter III, as follows:

PART 390--[AMENDED]

    1. Revise the authority citation for part 390 to read as follows:

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 
note); sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; and 49 CFR 
1.73.


    2. Amend Sec. 390.19 by revising paragraph (a) and adding paragraph 
(g) to read as follows:


Sec. 390.19  Motor carrier identification report.

    (a) Each motor carrier that conducts operations in interstate 
commerce must file a Motor Carrier Identification Report, Form MCS-150 
at the following times:
    (1) Before it begins operations; and
    (2) Every 24 months, according to the following schedule:

------------------------------------------------------------------------
          USDOT Number ending in:             Must file by last day of:
------------------------------------------------------------------------
1.........................................  January.
2.........................................  February.
3.........................................  March.
4.........................................  April.
5.........................................  May.
6.........................................  June.
7.........................................  July.
8.........................................  August.
9.........................................  September.
0.........................................  October.
------------------------------------------------------------------------

    (3) If the next-to-last digit of its USDOT number is odd, the motor 
carrier shall file its update in every odd-numbered calendar year. If 
the next-to-last digit of the USDOT number is even, the motor carrier 
shall file its update in every even-numbered calendar year.
    (4) Notwithstanding the schedule set forth in paragraph (a)(2) of 
this section, a motor carrier that would be required to file the MCS-
150 by the end of January or February, 2001 must file the form by the 
end of March, 2001.
* * * * *
    (g) A motor carrier that registers its vehicles in a State that 
participates in the Performance and Registration Information Systems 
Management (PRISM) program (authorized under section 4004 of the 
Transportation Equity Act for the 21st Century [(Public Law 105-178, 
112 Stat. 107]) is exempt from the requirements of this section, 
provided it files all the required information with the appropriate 
State office.
* * * * *

    Issued on: November 16, 2000.
Clyde J. Hart, Jr.,
Acting Deputy Administrator.
[FR Doc. 00-30032 Filed 11-22-00; 8:45 am]
BILLING CODE 4910-EX-P