on FederalRegister.gov Notwithstanding the emphasis on camionetas operations, the commenters raise questions about the safety of other long-haul, interstate van operators as well. The International Taxicab and Livery Association (ITLA) stated: According to information available to ITLA, there are approximately 50,000 limousines in use that would be affected by the definitional change. However, (we) cannot endorse exempting these carriers from the regulations since they operate wholly within a municipality's commercial zone and will have little direct exposure to the state agencies that normally enforce the FMCSR. It should be noted that there are over 9000 limousine operators nationwide (also operating premium sedan services), and that the median fleet size is less than 5. The anticipated benefits (i.e., enabling the FMCSA, State agencies, and others to identify small passenger-carrying vehicles involved in accidents and, in turn, determine whether additional regulatory requirements are necessary) outweigh the costs associated with this rule. 0000002612 00000 n This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Greyhound stated: Greyhound conducted a nationwide clippings survey of all van accidents during the third quarter of 1998. There were nine comments in response to the interim final rule. Federal Register. Announcing our NEW encyclopedia for Kids! 2126-0009. documents in the last year, 21 An articulated vehicle is one that consists of two or more separate frames connected by suitable couplings. The FMCSA is able to obtain all the information it needs concerning accidents involving a motor carrier subject to 49 CFR 390.15, either from other records maintained by the motor carrier or from State or local enforcement agencies that responded to the accident(s) in question. The reasons for supporting the adoption of the revised definition of a CMV varied from the belief that highway safety would be improved if the commercial driver's license and controlled substances and alcohol testing rules were applicable to drivers of small passenger-carrying vehicles, to the belief that applying the safety regulations to these vehicles would improve school bus transportation. The FMCSA is requiring that operators of small passenger-carrying CMVs file Form MCS-150 to enable the agency to determine how many motor carriers are affected by the TEA-21 revision to the CMV definition, the number of drivers employed and vehicles operated by these carriers, and the principal place of business for each of these entities. Accidents are a factor in that process when a motor carrier incurs two or more recordable accidents within the 12 months prior to a compliance review. The mandate of the TEA-21 is thus stricter than that of the ICCTA. Each motor carrier will be assigned a USDOT census or identification number which, when marked on each CMV operated by the motor carrier, will help enforcement officials and the general public identify these businesses. The FMCSA is requiring that operators of CMVs designed or used to transport 9 to 15 passengers for compensation be required to comply with § 390.15 to assist the agency in conducting investigations and, if necessary, special studies about the safety performance of particular motor carriers or segments of the industry. For a fleet of 21 to 99 vehicles, the total cost per vehicle marking would decrease to $16. The imposition of the marking requirements on larger capacity limousines and other luxury-type passenger service” vehicles would appear to serve no useful safety purpose, but would diminish or eliminate the “luxury” nature of the service provided by unnecessarily marking the vehicles in question. The agency calculates motor carriers' accident rates (the number of recordable accidents per million miles of CMV travel) as part of the process for determining their safety rating. The number of fatalities for 1999 is somewhat higher than for 1998. Commercial motor vehicle is now defined (in 49 U.S.C 31132) to mean a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—. xref The interpretation simply lays out the agency's view of its statutory authority, and the current applicability of the safety regulations to certain for-hire motor carriers. For a motor carrier operating 7 to 20 CMVs, the total cost per vehicle marking would be $21. Register documents. The FMCSA estimates it takes approximately 20 minutes for interstate motor carriers to complete the Form MCS-150 the first time it is filed. The NFDA indicated that its members generally do not operate vehicles designed or used to transport 9 to 15 passengers. However, since the FMCSA does not have sufficient information to estimate the number of accidents operators of small passenger-carrying CMVs have each year, the agency is unable to estimate the total time burden. An articulated vehicle is one that consists of two or more separate frames connected by suitable couplings. 0000026178 00000 n Motor carriers must give the agency all reasonable assistance in the investigation of any accident. In this Issue, Documents These vehicles and drivers often provide the same transportation services over the same routes as the large bus companies, with the benefit of not having to comply with the safety regulations. Although the endorsement is not filed with the FMCSA, the BMC 91 and BMC 91X are submitted as certification that the MCS … If the ITLA's estimate of 14,000 interstate motor carriers operating CMVs designed or used to transport 9 to 15 passengers is accurate, and most or all of these businesses are classified as small businesses by the Small Business Administration (SBA), the rule could affect up to 14,000 small entities. This definition applies to many types of vehicles, i.e., small package delivery vehicles, pick-up trucks with trailers attached, box trucks, straight trucks, etc. L. 106-159, 113 Stat. Although the MCSA demonstrated congressional intent to focus the applicability of the FMCSRs on larger vehicles, Congress did not repeal section 204 of the Motor Carrier Act of 1935 (Chapter 498, 49 Stat. Section 204 of the Motor Carrier Safety Act of 1984 (MCSA) (Pub. Since motor carriers operating CMVs designed or used to transport 9 to 15 passengers currently are not required to complete Form MCS-150, the FMCSA does not have sufficient data to estimate the total number of CMVs that would need to be marked in accordance with § 390.21. 359 0 obj <> endobj The FMCSA views section 4008(b) of the TEA-21 as a mandate either to impose the FMCSRs on previously unregulated smaller capacity vehicles, or to exempt through a rulemaking proceeding some, or all of the operators of such vehicles. The ACRA, ITLA, NADA, NFDA, and NLA opposed making the FMCSRs applicable to their respective members, rather than expressing total opposition to regulating operators of small passenger-carrying CMVs. The agency believes there may be many more carriers and that the ITLA's estimate appears to be a reasonable number. In its comments to the interim final rule the ITLA stated: ITLA is very concerned with the FHWA's indicated position that it will not make the FMCSRs applicable to vanpools. Federal Motor Carrier Safety Administration (FMCSA), DOT. The agency stands by its previously stated position that the phrase “for compensation” is synonymous with “for hire” and its April 4, 1997 (62 FR 16370, 16407), interpretation of “for-hire motor carrier.” The interpretation states: The FHWA has determined that any business (emphasis added) entity that assesses a fee, monetary or otherwise, directly or indirectly for the transportation of passengers is operating as a for-hire carrier. In other words, a bus designed to carry 13 people but actually carrying 18 would be subject to the FMCSRs. This rulemaking is in response to the Transportation Equity Act for the 21st Century (TEA-21). These tools are designed to help you understand the official document A straight truck is one in which all axles are attached to a single frame. documents in the last year, 11 The total cost for the motor carrier's fleet would be between $336 and $1,584. 0000013984 00000 n The fact the individual providing the service is not a business seems to be irrelevant. The information collection requirements contained on Form MCS-150 have been approved by the OMB under the provisions of the PRA and assigned the control number of 2126-0013 which expires on October 31, 2002. Of the 733 comments submitted in response to the agency's ANPRM, only a few expressed support for implementing section 4008(a). A regulatory identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. Elsewhere in today's Federal Register, the FMCSA published a notice of proposed rulemaking to amend the FMCSRs to implement section 212 of the MCSIA. the material on FederalRegister.gov is accurately displayed, consistent with And, for a fleet of 100 to 999 vehicles the cost per vehicle marking would decrease to $11. Nothing in this document directly preempts any State law or regulation. The RINs contained in the heading of this document can be used to cross reference this action with the Unified Agenda. 0000002332 00000 n and has determined that this action does not have any effect on the quality of the environment. Section 4008 also changed the weight threshold in the CMV definition by adding “gross vehicle weight” (GVW) to the previous “gross vehicle weight rating” (GVWR).