[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Page 9677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3210]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket Nos. FMCSA-97-2858 and FMCSA-99-5710]
RINs 2126-AA51 and 2126-A44 [formerly RINs 2125-E22 and 2125-AE60]


Federal Motor Carrier Safety Regulations; Definition of 
Commercial Motor Vehicle (CMV); Requirements for Operators of Small 
Passenger-Carrying CMVs; Delay of Effective Date

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001 (66 FR 7702), this action temporarily delays for 60 
days the effective date of the final rule entitled ``Federal Motor 
Carrier Safety Regulations; Definition of Commercial Motor Vehicle 
(CMV); Requirements for Operators of Small Passenger-Carrying CMVs,'' 
published in the Federal Register on January 11, 2001, at 66 FR 2756. 
That rule adopts the statutory definition of a commercial motor vehicle 
(CMV) at 49 U.S.C. 31132; and amends the Federal Motor Carrier Safety 
Regulations to require that motor carriers operating 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 maintain an accident 
register.

DATES: The effective date of the final rule amending 49 CFR part 390 
published at 66 FR 2756, January 11, 2001, is delayed for 60 days from 
February 12, 2001, until April 13, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and 
Truck Standards and Operations (MC-PSV), (202) 366-4009; or Mr. Charles 
E. Medalen, Office of the Chief Counsel (MC-CC), (202) 366-1354, 
Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: To the extent that 5 U.S.C. 553 applies to 
this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. 553(b)(A). 
Alternatively, the FMCSA's implementation of this action without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. 553(b)(B) and 553(d)(3). Seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
temporary 60-day delay in effective date is necessary to give 
Department officials the opportunituy for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum of January 20, 2001. Given the imminence of the 
effective date, seeking prior public comment on this temporary delay 
would have been impracticable, as well as contrary to the public 
interest in the orderly promulgation and implementation of regulations. 
The imminence of the effective date is also good cause for making this 
action effective immediately upon publication.

    Dated: February 2, 2001.
Julie Anna Cirillo,
Assistant Administrator and Chief Safety Officer.
[FR Doc. 01-3210 Filed 2-8-01; 8:45 am]
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