[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Rules and Regulations]
[Pages 49553-49555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17461]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 360, 365, 366, 368, 385, 387, 390 and 392

[Docket No. FMCSA-1997-2349]
RIN 2126-AB85; Formerly 2126-AA22


Unified Registration System; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: FMCSA is correcting the effective and compliance dates for its 
August 23, 2013, Unified Registration System (URS) final rule, as 
revised on October 21, 2015. The 2013 URS final rule was issued to 
improve the registration process for motor carriers, property brokers, 
freight forwarders, Intermodal Equipment Providers (IEPs), hazardous 
materials safety permit (HMSP) applicants, and cargo tank facilities 
required to register with FMCSA, and streamline the existing Federal 
registration processes to ensure the Agency can more efficiently track 
these entities. The October 21, 2015 final rule made slight revisions 
to the 2013 rule and delayed the effective dates of that rule. This 
final rule corrects the effective and compliance dates, revised in 
2015, and corrects regulatory provisions that have not yet gone into 
effect, as well as several temporary sections that are in effect 
already, to allow FMCSA additional time to complete the information 
technology (IT) systems work.

DATES: Effective Dates: The effective of this rule is July 28, 2016.
    The effective date of the rule published at 80 FR 63695 (October 
21, 2015), is delayed until January 14, 2017, and Sec. Sec.  365.T106, 
368.T3, and 390.T200 are effective until January 13, 2017.
    The corrections to the rule published October 21, 2015 (80 FR 
63695), are effective on January 14, 2017.
    The effective date of the rule published at 78 FR 52608 (August 23, 
2013) is further delayed until January 14, 2017.
    Compliance Dates: The compliance date for the rule published at 80 
FR 63695 (October 21, 2015), is delayed until January 14, 2017, and new 
applicants must comply with Sec. Sec.  365.T106, 368.T3 or 390.T200 (as 
applicable) until January 13, 2017; private hazardous material carriers 
and exempt for-hire carriers must comply with Sec.  387.19 or Sec.  
387.43 (as applicable)

[[Page 49554]]

by April 14, 2017; and all entities must comply with Sec.  366.2 by 
April 14, 2017.

ADDRESSES: All background documents, comments, and materials related to 
this rule may be viewed in docket number FMCSA-1997-2349 using either 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Riddle, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-9616 
or via email at [email protected]. Office hours are from 8:00 a.m. 
to 4:30 p.m. ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Public Participation

Viewing Documents

    To view comments submitted to previous rulemaking documents on this 
subject, go to http://www.regulations.gov and click on the ``Read 
Comments'' box in the upper right hand side of the screen. Then, in the 
``Keyword'' box, insert ``FMCSA-1997-2349'' and click ``Search.'' Next, 
click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the 
``Title'' column, click on the document you would like to review. If 
you do not have access to the Internet, you may view the docket online 
by visiting the Docket Management Facility in Room W12-140 on the 
ground floor of the DOT West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through 
Friday, except Federal holidays.

Privacy Act

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

Corrections

    The FMCSA is correcting the effective and compliance dates for its 
August 23, 2013, Unified Registration System (URS) final rule, as 
revised on October 21, 2015, in order to delay implementation of the 
URS provisions. While the FMCSA had hoped to be able to reach full 
implementation by September 30, 2016, unforeseen delays and 
complications in the IT development process require that we push the 
full implementation back until January 14, 2017. These delays include 
added complexities due to an unrelated system migration to the cloud 
and also due to the logistics of transferring millions of records.
    In order to make this change, FMCSA must correct regulatory 
provisions that have not yet gone into effect, as well as several 
temporary sections that are in effect already. The method for making 
corrections differs depending upon whether or not the provision being 
corrected has gone into effect. First, under the heading ``Federal 
Register corrections,'' we provide the corrections for those provisions 
that are not yet in effect; these corrections will update the effective 
date for those provisions from September 30, 2016, to January 14, 2017. 
This will also update the compliance dates for certain provisions from 
December 31, 2016, to April 14, 2017.
    We are also making minor corrections to fix errors found in the 
final rule published on October 21, 2015. In Sec.  366.4, we are adding 
a sentence to clarify the requirements for motor carriers operating in 
Hawaii or Alaska, as these were inadvertently not covered in the 
original text. In Sec.  385.305, we are correcting the reference to the 
online registration form MCSA-1, which was published without the ``1'' 
after the hyphen. In Sec.  387.301, we are correcting the text in 
paragraph (a)(1) to clarify the financial responsibility requirements 
for school buses, including third parties providing school bus 
services. We have identified this as an area causing confusion, so a 
correction is needed.
    After those corrections, numbered 1 through 6, we present the 
corrections to those provisions that came into effect on December 12, 
2015. These corrections, which follow the ``CFR amendments'' heading, 
are presented as you would see amendatory instructions in any final 
rule. The result of these corrections will be to extend the effective 
dates of the temporary provisions in parts 365, 368, and 390 to January 
14, 2017.

Federal Register Corrections

    In FR Doc. 2015-26625 appearing on page 63695 in the Federal 
Register of Wednesday, October 21, 2015 (80 FR 63695), make the 
following corrections:
    1. Beginning on page 63702, in the first column, in amendatory 
instruction #1 and continuing through all of the amendatory 
instructions except for #5, #24, and #59, the date ``September 30, 
2016'' is corrected to read ``January 14, 2017''.
    2. On page 63706, in the first column, in Sec.  366.2, the date 
``December 31, 2016'' is corrected to read ``April 14, 2017''.
    3. On page 63706, in the first column, in Sec.  366.4(a), the text 
is corrected to read ``Every motor carrier, except a motor carrier 
operating exclusively in Alaska or Hawaii, must designate process 
agents for all 48 contiguous States and the District of Columbia, 
unless its operating authority registration is limited to fewer than 48 
States and DC. When a motor carrier's operating authority registration 
is limited to fewer than 48 States and DC, it must designate process 
agents for each State in which it is authorized to operate and for each 
State traversed during such operations. Every motor carrier operating 
in the United States in the course of transportation between points in 
a foreign country shall file a designation for each State traversed. 
Every motor carrier maintaining a principal place of business and 
operating exclusively in Alaska or Hawaii must designate a process 
agent for the State where operations are conducted.''
    4. On page 63707, in the second column, in Sec.  385.305(b)(2), the 
phrase ``Form MCSA-,'' is corrected to read ``Form MCSA-1,''.
    5. On page 63709, in the first column, in Sec.  387.19, the date 
``December 31, 2016'' is corrected to read ``April 14, 2017''.
    6. On page 63709, in the third column, in Sec.  387.301(a)(1), the 
text is corrected by adding the following sentence at the end of the 
paragraph: ``Passenger motor carriers exempt under Sec.  387.27 of this 
part are not subject to this limitation on transportation or required 
to file evidence of financial responsibility.''

CFR Amendments

List of Subjects

49 CFR Part 360

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Hazardous materials transportation, Highway safety, 
Insurance, Motor carriers, Motor vehicle safety, Moving of household 
goods, Penalties, Reporting and recordkeeping requirements, Surety 
bonds.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Motor carriers, Moving of household goods.

[[Page 49555]]

49 CFR Part 366

    Brokers, Motor carriers, Freight forwarders, Process agents.

49 CFR Part 368

    Administrative practice and procedure, Insurance, Motor carriers.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, 
Incorporation by reference, Mexico, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials 
transportation, Highway safety, Insurance, Intergovernmental relations, 
Motor carriers, Motor vehicle safety, Moving of household goods, 
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 390

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

49 CFR Part 392

    Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter 
III, subchapter B, parts 365, 368, and 390 are corrected by making the 
following correcting amendments:

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
1. The authority citation for part 365 continues to read as follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; 49 CFR 1.87.


0
2. Revise Sec.  365.T106(d) to read as follows:


Sec.  365.T106  Starting the application process: URS online 
application.

* * * * *
    (d) This section is in effect from December 12, 2015 through 
January 13, 2017.

PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE 
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO 
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH 
MUNICIPALITIES

0
3. The authority citation for part 368 continues to read as follows:

    Authority:  49 U.S.C. 13301 and 13902; Pub. L. 106-159, 113 
Stat. 1748; and 49 CFR 1.87.


0
4. Revise Sec.  368.T3(d) to read as follows:


Sec.  368.T3  Starting the application process: URS online application.

* * * * *
    (d) This section is in effect from December 12, 2015 through 
January 13, 2017.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
5. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677, 1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 
1726, 1743-44); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 
830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; and 49 CFR 1.87.


0
6. Revise Sec.  390.T200(a) and (d) to read as follows:


Sec.  390.T200  USDOT Registration.

    (a) Purpose. This section establishes who must register with FMCSA 
using the Form MCSA-1, the URS online application, beginning on 
December 12, 2015 and continuing through January 13, 2017.
* * * * *
    (d) Effective period. This section is in effect from December 12, 
2015, through January 13, 2017.

    Issued under authority delegated in 49 CFR 1.87 on: July 14, 
2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17461 Filed 7-27-16; 8:45 am]
 BILLING CODE 4910-EX-P