[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Rules and Regulations]
[Pages 9410-9416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4960]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-00-8209]
RIN 2126-AA57


Motor Carrier Identification Report

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

ACTION: 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 (Form MCS-150). The FMCSA requires 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) complies if it 
files this information with the appropriate State commercial motor 
vehicle (CMV) registration office. This action responds to Section 217 
of the Motor Carrier Safety Improvement Act of 1999.

DATES: This rule is effective April 1, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Bus 
and

[[Page 9411]]

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 FMCSA must have an accurate census 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.

    On November 24, 2000 (65 FR 70509), the FMCSA published an interim 
final rule (IFR) that responded to the congressional direction. The 
preamble to the IFR described the activities that the agency had 
undertaken on the subject of requiring a motor carrier to report 
certain identifying and demographic information from 1986 through the 
current rulemaking. The interim final rule amended Sec. 390.19 to 
require motor carriers to file a Motor Carrier Identification Report, 
Form MCS-150, before beginning operations and every 24 months according 
to a schedule corresponding to the last two digits of the USDOT number. 
If a motor carrier registers its vehicles in a State that participates 
in the PRISM program, it is exempt from this requirement, provided it 
files all the required information with the appropriate State office.

Discussion of Comments

    The agency received six comments in response to the interim final 
rule. The commenters were Advocates for Highway and Auto Safety 
(Advocates), the American Trucking Associations (ATA), the Petroleum 
Marketers Association of America (PMAA), the Transportation Lawyers 
Association (TLA), and two individuals, Patrick E. Haugen and Roger K. 
Ites.

Update Schedule

    All of the commenters except one took issue with some aspect of the 
update schedule.
    Advocates states that, while it ``strongly supports'' the two-year 
update cycle, it believes the staggered implementation dates would 
compromise the agency's safety goals because it would prevent the 
agency from obtaining updated information quickly. Advocates recommends 
that the FMCSA require all motor carriers to update their Form MCS-150 
during the first 12 months after the effective date of the rule, to 
implement the biennial update cycle one year after the effective date, 
and to require that the update cycle be designed so that no motor 
carrier would go more than 2 years between updates.
    The ATA and one individual raise a question concerning motor 
carriers that voluntarily update their MCS-150 information. The ATA 
states that some of its member motor carriers voluntarily update this 
information at 6, 9, or 12-month intervals, and that they want to 
continue this practice. The ATA asks if those motor carriers would be 
required to re-file their MCS-150 information according to the schedule 
in the interim final rule, even though they file the information more 
frequently than the rule requires.
    Roger K. Ites, a Director of Safety for four motor carriers, 
expresses a similar concern. He states that he updates four MCS-150 
forms annually. His concern is that the combination of a biennial 
update cycle and a staggered filing schedule could cause him to neglect 
to comply with the filing requirement.
    The TLA, although it supports the rulemaking, believes that the 
proposed schedule is too complex. It recommends the FMCSA require that 
all motor carriers provide their Form MCS-150 updates ``by a single 
filing date'' to maximize the agency's opportunity to obtain current 
and meaningful data. It contends that the FMCSA should be able to deal 
with the filing of the forms and the associated data entry tasks as 
separate issues.
    The TLA also recommends that the FMCSA require motor carriers to 
update the MCS-150 within 20 days following a change in its name, 
control, or ownership, and/or its principal place of business. The TLA 
asserts that section 217 of the MCSIA ``speaks only to the collection 
of information on a regular, ``periodic'' basis. Filing of an MCS-150 
as a result of an address, name, or ownership change is a discrete 
event initiated by the carrier, not FMCSA. The information, for 
enforcement purposes, is critical.''
    The PMAA believes that the FMCSA should have sought public comment 
on the proposed implementation of the update cycle, noting that the 
legislation itself ``did not set the schedule for the periodic 
updates.'' The organization also cites the FMCSA's estimate of a 400 
percent increase in its data entry and verification workload and 
questions whether the update cycle makes the best use of FMCSA's 
resources. Finally, the PMAA is concerned about its own ability to 
notify its members of the new requirement in a timely fashion, possibly 
leading to problems for those carriers required to update their MCS-150 
information in early 2001.

Agency's Response

    As it stated in the preamble to the IFR, the FMCSA selected a two-
year update cycle, the shortest cycle allowed under section 217 of 
MCSIA, in order to significantly improve the quality of the agency's 
databases. The FMCSA depends on this data to make the most efficient 
use possible of its inspection and enforcement resources, and to 
provide well-founded estimates of the potential benefits and costs of 
its regulations.
    The FMCSA appreciates the diligence of the many motor carriers and 
safety officials who make a special effort to ensure that their Form 
MCS-150 information is current. However, not all motor carriers take 
this approach, and the regulation in effect prior to December 26, 2000 
did not require them to update that information. Although the 
provisions of section 217 of the MCSIA direct the Department of 
Transportation to ``require periodic updating not more frequently than 
once every two years,'' neither the statute nor the implementing 
regulations prohibit motor carriers from updating their information 
more frequently. For those motor carriers that chose to update the 
information in the Form MCS-150 more frequently than the regulation 
requires, they will be in compliance as long as they submit the 
biennial update required in the regulation, on or before the date set 
in the regulation.
    In response to Advocates' comment that the agency should have 
accelerated the initial update cycle, the FMCSA did not chose that 
approach because there are insufficient personnel to handle several 
hundred thousand forms at once. Although the staggered update cycle 
could potentially result in some motor carriers' not being required to 
make their first update until 22 months after the effective date of the 
IFR (October 2002), all motor carriers would have submitted their 
updates by that date. Responding to Advocates' concern about a gap in 
the identification of new motor carriers, 49 CFR 390.19(a), revised on 
July 6, 2000 (65 FR 35287), requires new motor carriers (and those 
newly subject to the Federal Motor Carrier Safety Regulations) to file 
their Form MCS-150 prior to beginning

[[Page 9412]]

operations in interstate commerce. The previous rule had required that 
the Form MCS-150 be filed within 90 days of beginning these operations.
    The agency disagrees with the TLA's assertion that filing of the 
forms can be separated from data entry issues. If the agency required 
all the updates to be submitted on the same date, there would most 
likely be gaps between the time that data is submitted and the time 
that it is entered. These gaps could lead to quality control problems. 
Furthermore, the administrative burden on the agency, and subsequently, 
the expenditure of public funds necessary to process several hundred 
thousand forms at one time, would be greater than those required to 
process several thousand forms every month.
    The issues associated with the manual processing of forms will 
become less relevant once the FMCSA has instituted electronic filing 
and updates for the MCS-150 information.
    In response to the PMAA's assertion that the FMCSA should have not 
waived the opportunity for notice and comment, the agency believed 
that, because the statutory mandate was specific and the rule followed 
it so closely, and because the information collection burden on motor 
carriers is extremely small, public comment would not have been likely 
to provide information that would affect the outcome of the rulemaking 
proceeding. While the parties who did comment to this docket have 
raised several important points, none of the comments affect the 
statutory requirements, or the agency's obligation to adopt 
implementing regulations.
    Responding to the PMAA's other comment, concerning notification for 
motor carriers affected by this rule, the FMCSA considered how the 
regulation would affect those motor carriers that would have to update 
their MCS-150 information in January and February 2001: The agency 
allowed them additional time--until the end of March, 2001--to file 
their updates (see Sec. 390.19(g)). The FMCSA also posted informational 
items concerning this new regulation on its main Internet website 
within days after the IFR was published, referred many callers to that 
information, and e-mailed and faxed copies of those items to many 
parties (including the PMAA) for use in their publications.
    In response to the TLA's comment concerning a required update of 
the MCS-150, the FMCSA notes that the procedures for changing the name 
or business form of a for-hire motor carrier, household goods carrier, 
or property broker are found at 49 CFR 365.413. Thus, the agency 
already has in place rules to enable it to quickly update its database 
for certain motor carriers and for property brokers. Because the agency 
had very little time to meet the deadline set in section 217, the 
agency elected to focus solely upon the requirements contained in that 
legislation. The FMCSA believes the TLA's comment has merit, with 
regard to private and exempt motor carriers, and it will consider the 
issue of updating MCS-150 identifying information (name, address, and 
business ownership) in a separate rulemaking.

Revision of MCS-150

    The ATA and the TLA also address information collected with the 
Form MCS-150. The ATA recommends the agency update the form to indicate 
whether the motor carrier is providing an ``initial'' or ``update'' 
filing, and to revise the ``NOTICE'' portion of the form to reflect the 
new biennial filing requirement and the special provision for motor 
carriers in states with fully-implemented PRISM programs. The ATA also 
suggests that the FMCSA consider requesting motor carriers to provide 
information on their annual gross revenue, so the agency could 
determine whether a motor carrier is considered to be a ``small 
business'' under the guidelines of the Small Business Administration.
    The TLA believes the agency should consider requiring motor 
carriers to submit summary revenue, mileage, and accident data on the 
MCS-150. The TLA reasoned that this additional data would aid the 
agency in setting its enforcement priorities, provide more information 
specific to segments of the motor carrier industry, and aid the agency 
in constructing a predictive motor carrier safety model. It believes 
the FMCSA would especially benefit from this information as it applies 
to motor carriers operating 9-15 passenger vehicles that have recently 
been made subject to the FMCSRs.
    Motor carrier affiliation is another data item that the TLA asks 
the FMCSA to consider adding to the MCS-150. The TLA is concerned that 
some motor carriers may be using the application process to mask a poor 
safety record, and refers to Docket FHWA-97-2708, Registration for For-
Hire Motor Carriers, Brokers, and Freight Forwarders, where the FHWA 
Office of Motor Carriers [now the FMCSA] also raised the safety 
integrity issue.

Agency's Response

    In response to the ATA's comments concerning a notation of an 
``initial'' or ``update'' filing and the addition of a block for gross-
revenue, the agency will consider both items in the forthcoming Motor 
Carrier Replacement Information System rulemaking (Docket No. FMCSA-97-
2349, RIN 2126-AA22). Concerning the ``NOTICE'' statement, the FMCSA is 
including a copy of the two-page ``Highlights: Biennial Update of Motor 
Carrier Identification Report (MCS-150)'' informational item in the 
update requests that it mails to motor carriers. The agency will review 
and update the instructions on the MCS-150 when it next revises the 
form.
    In response to the TLA's comment concerning accident data, the 
agency is using this information, along with information on the 
outcomes of roadside safety inspections, to determine priorities for 
motor carrier compliance reviews. The agency discontinued the 
requirement for motor carriers to report their own accident data in 
1993 because it had begun to require this same information to be 
reported electronically by states, as a condition of receiving Motor 
Carrier Safety Assistance Program grants. The agency crosschecks this 
information with the information on the accident register that motor 
carriers are still required to maintain. In response to the TLA's 
comment on mileage, motor carriers must report their mileage to the 
nearest 10,000 miles for the last calendar year in Block 22 of the MCS-
150.
    Only Class I (annual carrier operating revenues of $10 million or 
more) and Class II (operating revenue of at least $3 million but less 
than $10 million) contract and common motor carriers of property are 
currently required to report revenue data to the U.S. Department of 
Transportation under the provisions of 49 CFR 1420. Responding to the 
recommendation made by the ATA and the TLA, the FMCSA may consider the 
potential for adding a block for other motor carriers to report revenue 
data as part of the forthcoming Unified Carrier Register rulemaking.
    Responding to the TLA's recommendation to add information on a 
motor carrier applicant's affiliation, the FMCSA reviews the 
information provided in motor carrier registration documents to prevent 
motor carriers from using this process in an attempt to mask prior 
FMCSA determinations of unfitness or revocations of registration. The 
FMCSA will also consider addressing the ``affiliation'' question in the 
forthcoming Motor Carrier Replacement Information System rulemaking.

Electronic Filing

    The ATA believes that providing motor carriers an electronic filing 
option

[[Page 9413]]

can reduce the paperwork burdens on both the industry and the FMCSA. It 
strongly urges the agency to have the electronic filing capability in 
place no later than March 31, 2001, the first mandatory filing date for 
motor carriers whose USDOT numbers place them in the January through 
March, 2001, update period.
    The FMCSA agrees with the ATA on the benefits of electronic filing. 
Several months ago, the FMCSA put into place a data entry process that 
allows new motor carriers to file their initial MCS-150s 
electronically. The agency has also recently implemented procedures to 
allow the biennial updates to be filed electronically. These procedures 
are being added to Sec. 390.19(c). Detailed instructions are available 
on the FMCSA's www site, www.fmcsa.dot.gov.

Penalties for Non-filers and Late Filers

    Advocates expressed a concern that the IFR did not address 
penalties for those motor carriers that fail to file an updated Form 
MCS-150 during the initial two-year update cycle or in future years. 
The organization recommends that the agency consider assessing 
financial penalties for motor carriers whose filings are between three 
months and one year late, and that the FMCSA impose additional 
penalties, including revoking a motor carrier's operating authority, 
for motor carriers that are more than one year overdue.

Agency's Response

    The final rule that covered marking of commercial motor vehicles, 
published on June 2, 2000 (65 FR 35287) added, among other things, a 
new paragraph (Sec. 390.19(e)) that advised motor carriers that if they 
failed to file a Form MCS-150, or filed misleading information, they 
would be subject to the civil penalties and sanctions prescribed in 49 
U.S.C. 521(b)(2)(B). The civil penalty could be a fine as high as 
$5,000 if this information was used to misrepresent a fact that 
constitutes a violation other than a reporting or recordkeeping 
violation. As the FMCSA develops the regulation for the Unified Carrier 
Registration Program, it will consider methods to ensure motor 
carriers' compliance.

PRISM Issues

    The ATA recommends that the FMCSA provide and maintain a listing of 
States that have fully implemented and functional PRISM programs. It 
also asks several questions concerning the exemption for motor carriers 
that register their commercial motor vehicles in states that 
participate in the PRISM program. One question deals with registration 
of vehicles of motor carriers headquartered in non-PRISM States, but 
which had vehicles based in both PRISM and non-PRISM States. The others 
sought clarification of the relationship and information requirements 
of the International Registration Plan (IRP) and PRISM.

Agency's Response

    The FMCSA believes there may be some misunderstanding concerning 
the relationship between the PRISM program and the IRP. All States in 
the continental United States are members of the IRP, and the IRP forms 
the administrative framework upon which the PRISM program is based. See 
www.aamva.org/IRP/ for additional information.
    The phrase ``all the required information'' in Section 390.19(g) 
refers to information that each PRISM State requires motor carriers to 
provide, within their respective CMV registration programs. Motor 
carriers provide this information through a State-administered process 
using a form equivalent to the Form MCS-150. As of December 2001, the 
following States are collecting this information and issuing USDOT 
numbers: Arizona, Colorado, Georgia, Indiana, Iowa, Kentucky, Maine, 
Oregon, South Dakota, and Tennessee. The FMCSA will maintain an updated 
list of States that have fully-implemented and functional PRISM 
programs on the agency's website.
    The States that are participating in the PRISM program have the 
knowledge and information to respond to questions such as those the ATA 
raised. The FMCSA is also considering posting answers to specific 
program questions, such as those raised by the ATA, on the website.

Other Comments

    Mr. Patrick E. Haugen raised a question concerning whether 
hazardous material cargo tank container equipment would be included in 
the vehicle counts in Block 26 of the MCS-150. He believes that they 
would not, although they represent a sizeable fleet of equipment used 
in hazardous materials transportation.
    The FMCSA responds that these containers, which are generally tanks 
mounted on skids, or intermediate bulk containers with a capacity of 
1,000 water gallons or less, are considered cargo rather than vehicles. 
The shippers of these containers are required to register with the 
Office of Hazardous Materials Transportation of the Research and 
Special Programs Administration. The containers would need to comply 
with the applicable packaging specifications in 49 CFR part 178 of the 
Hazardous Materials Regulations.

Discussion of the Final Rule

    The regulatory language published in the IFR is being adopted 
today, with one exception. Because the extended filing date (to March 
2001) for those motor carriers that had been required to file the MCS-
150 by the end of January or February 2001 has now passed, paragraph 
390.19(a)(4) was removed in a technical amendment to the FMCSRs 
published October 1, 2001 (66 FR 49867, at 49873).
    The agency also makes technical amendments to the Sec. 390.19(b) 
and (c). The internet address for the FMCSA, included in paragraph (b), 
has changed. In addition, the FMCSA is now able to accommodate 
electronically submitted MCS-150 information from motor carriers 
requesting a USDOT number for the first time, as well as motor carriers 
filing their biennial update. Paragraph (c) is revised to include that 
additional way of filing this information.

Update Schedule

    Today's final rule 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 rule 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 Form 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. However, after the first round of updates 
is complete, all motor carriers will be on

[[Page 9414]]

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 rule 
is consistent with the intent of Section 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. In order for FMCSA safety investigators to have 
current motor carrier information to properly perform record selection 
and exposure-based safety analyses when they conduct compliance reviews 
(CRs), the agency 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. It began as a Congressional mandate by Congress under Section 
4003 of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 
1991 and was 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) serves 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 provided PRISM States with access to the MCMIS 
database to issue USDOT census numbers to motor carriers. Under the 
PRISM Program, the States issue census numbers to interstate motor 
carriers as part of their commercial vehicle registration process. This 
process ensures that no vehicle is plated without identifying the 
carrier responsible for the safety of the vehicle during the 
registration year. PRISM States also require motor carriers to annually 
update their MCS-150 data to reflect current operations. Some States 
enter this information directly into the MCMIS, while others forward it 
to the FMCSA for data entry. As of December 2001, twenty States are 
participating in the PRISM Program and five additional States have 
provided the FMCSA with a Letter of Intent to implement the Program. 
Ten States are currently collecting MCS-150 Forms and issuing USDOT 
census numbers to interstate motor carriers.
    The FMCSA has determined that if a motor carrier in a PRISM State 
files annually with the State commercial vehicle registration office, 
information similar to what is required in the FMCSA's MCS-150 meets 
the periodic filing requirement of this rule, and no additional filing 
with the FMCSA is necessary.
    The final rule 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

    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.
    Update year. The first cycle began in January 2001. Those motor 
carriers with an odd-number in the next-to-last digit of their USDOT 
number are required to file an update in calendar year 2001, and in 
every odd-numbered year in the future. Those motor carriers with an 
even number in the next-to-last digit of their USDOT number are 
required to file an update in calendar year 2002, and in every even-
numbered year in the future.
    Update month. Within each yearly cycle, motor carriers with a USDOT 
number ending with the numeral 1 must file by January 31. Motor 
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.
    Special note. In the Washington, D.C. metropolitan area, there have 
been significant delays in U.S. mail delivery to U.S. Government 
buildings between mid-October and late November 2001 related to the 
discovery of biological contaminants, and measures taken to test for 
the presence of these materials and to decontaminate letters and mail-
handling facilities. The FMCSA asks motor carriers that mailed an 
updated form MCS-150 between early October and December to mail another 
copy of the form to the agency. In addition, the agency reminds all 
motor carriers that they must return the form MCS-150 to the FMCSA, 
even if no information has changed, so the agency can ensure that its 
information on each motor carrier is up to date.

Rulemaking Analyses and Notices

    The FMCSA believes the interim final rule should be adopted as a 
final rule. The effective date of the interim final rule has passed 
with no indication that the requirement has had an adverse impact on 
motor carriers operating in interstate commerce. Despite the concern 
that the proposed update cycle would proceed at an undesirably slow 
pace, the work is progressing well. Between December 2000 and November 
2001, the agency updated over 115,000 motor carrier records.
    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 Form 
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. The IFR 
simply promulgated the requirements of Section 217. It differed from 
the statute only in setting an orderly schedule for the updates.
    Because the December 26, 2000 effective date of the interim final 
rule requires motor carriers to update the information in the Form MCS-
150 every 24 months, and provides that a motor carrier that submits 
similar information to a State as part of its annual vehicle 
registration requirement under the

[[Page 9415]]

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, the FMCSA amends 
Sec. 390.19 to remove the exception contained in Sec. 390.19(a)(4).

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 FR 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 FR 
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 FR 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. The information is 
likely to be the same, and motor carriers will already have had the 
experience of completing the form at least once before. For the purpose 
of this FR, 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 minimal: 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 May 31, 2004.
    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. 
This FR 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 estimated that the updates required during calendar year 
2000, and the biennial update starting January 2001, would require 10 
minutes. Because the agency proposed to implement a regulation that 
will require motor carriers to file this information more frequently, 
the FMCSA submitted this proposed revision of information collection to 
OMB for review and approval. Neither the OMB nor any commenters took 
issue with the agency's estimate of this information collection burden.
    Estimated Annual Reporting Burden:
    Number of respondents: 549,000 motor carriers
    Burden hours: Biennial update: 549,000 x 50% (biennial) x 10 
minutes per update = 45,750 hours. Annual initial MCS-150 filings: 
51,400 X 20 minutes = 17,133 burden hours. Total estimated annual 
burden: 62,883 hours.

National Environmental Policy Act

    The Federal Motor Carrier Safety Administration (FMCSA) is a new 
administration within the Department of Transportation (DOT). We are 
striving to meet all of the statutory and executive branch requirements 
on rulemaking. The FMCSA is currently developing an agency order that 
will comply with all statutory and regulatory policies under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). We 
expect the draft FMCSA Order to appear in the Federal Register for 
public comment in the near future. The framework of the FMCSA Order is 
consistent with and reflects the procedures for considering 
environmental impacts under DOT Order 5610.1C. The FMCSA analyzed this 
proposal under the NEPA and DOT Order 5610.1C. Since the proposal is 
strictly procedural in nature, we believe it would be among the type of 
regulations that would be categorically excluded from any environmental 
assessment.

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

[[Page 9416]]

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, 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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (2001)

    We have analyzed this action under Executive Order 13211 for any 
adverse effects on energy supply, distribution, or use, and reasonable 
alternatives and their effects. The rule is not a significant rule, and 
there are no adverse energy effects as a result of it.

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 paragraphs (a), (b), and (c) and 
revising 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.
    (b) The Motor Carrier Information Report, Form MCS-150, with 
complete instructions, is available from the FMCSA's web site at: 
http://www.fmcsa.dot.gov (keyword ``MCS-150''), from all FMCSA Service 
Centers and Division offices nationwide, or by calling 1-800-832-5660.
    (c) The completed Motor Carrier Identification Report, Form MCS-
150, shall be filed with the FMCSA's Office of Data Analysis and 
Information Systems.
    (1) The form may be filed electronically according to the 
instructions at the agency's web site, or it may be sent to Federal 
Motor Carrier Safety Administration, Data Analysis and Information 
Systems, MC-RIS, 400 Seventh Street, SW, Washington, DC 20590.
    (2) A for-hire motor carrier should submit the Form MCS-150 along 
with its application for operating authority (Form OP-1 or OP-2) to the 
appropriate address referenced on that form, or may submit it 
electronically or by mail separately to the address mentioned in this 
section.
* * * * *
    (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.

    [Approved by the Office of Management and Budget under control 
number 2126-0013]

    Issued on: February 26, 2002.
Joseph M. Clapp,
Administrator.
[FR Doc. 02-4960 Filed 2-28-02; 8:45 am]
BILLING CODE 4910-EX-P