The Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) (Pub. L. 104-121, 110 Stat. 857), requires Federal
agencies to consider the impact of their regulatory proposals on small
entities, analyze effective alternatives that minimize small entity
impacts, and make their analyses available for public comment. The term
``small entities'' means small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations under 50,000.\45\ Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
entities. Section 605 of the RFA allows an Agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \45\ Regulatory Flexibility Act, Public Law 96-354, 94 Stat.
1164 (codified at 5 U.S.C. 601 et seq.).
---------------------------------------------------------------------------

    In the 2018 NPRM, in lieu of preparing an Initial Regulatory
Flexibility Analysis under section 603(a) of the RFA to assess the
impact of the rule, FMCSA performed a certification analysis under
section 605(b) of the RFA. The threshold economic analysis that was
performed determined that, although the rule will have an impact on a
substantial number of small entities, the impact on these small
entities will not be significant, and furthermore will be entirely
beneficial. Therefore, FMCSA certified that the rule will not have a
significant economic impact on a substantial number of small entities.
    The Agency received eighteen comments on the 2018 NPRM, eight of
which were from motor carriers of passengers that are classified as
small entities.\46\ All eight of these small entities expressed support
for the 2018 NPRM. None of them, nor any of the other submissions
received to the 2018 NPRM, specifically commented on the certification
or its underlying threshold economic analysis that were presented in
the NPRM. The Chief Counsel for Advocacy of the Small Business

Administration did not file comments in response to the proposed rule.
---------------------------------------------------------------------------

    \46\ The eight motor carriers of passengers classified as small
entities that submitted comments to the 2018 NPRM include Adirondack
Trailways, Annett Bus Lines, Southern Tier Stages, Inc., Plymouth &
Brockton Street Railway Company, DeCamp Bus Lines, Burlington
Trailways, Pacific Coachways Charter Services, Inc., and Thielen Bus
Lines (the comment from Thielen Bus Lines (Docket ID# FMCSA-2012-
0103-0162) was also submitted in representation of the more than 30
other passenger carriers that comprise the membership of the
Minnesota Charter Bus Operators Association (MCBOA)).
---------------------------------------------------------------------------

    As noted earlier in the Regulatory Analyses section, the only
substantive change made to the regulatory evaluation from the NPRM to
this final rule is that the analysis time period has been updated to
reflect the December 4, 2018, extension of the compliance date for the
May 2015 final rule from January 1, 2019, to January 1, 2021 (83 FR
62505). Because this rule revises the regulations established in the
2015 final rule, the 2015 final rule serves as the baseline against
which the effects of this rule are evaluated. Therefore, the analysis
period for this rule now begins as of 2021. As noted earlier in the
Regulatory Analyses section, the primary result of this change in the
analysis time period is a less than 2 percent increase in the
annualized cost savings from this rule. This result has no substantive
impact upon the certification or its underlying threshold economic
analysis that were presented in the NPRM. Therefore, as also determined
in the 2018 NPRM, although FMCSA determines that this rule will have an
impact on a substantial number of small entities, the Agency determines
that the impact on these small entities will not be significant.
Therefore, there is no change to the Agency's certification that this
final rule will not have a significant economic impact on a substantial
number of small entities. The threshold economic analysis is presented
again below, now incorporating modest revisions where necessary
resulting from the change in the analysis period, to again clearly
demonstrate the Agency's reasoning and assumptions underlying its
certification.
    This rule will not result in any increase in costs or any increase
in burden. The rule will reduce the applicability of the lease and
interchange requirements for motor carriers of passengers, resulting in
a substantial reduction in the number of entities that will be subject
to these requirements, and a commensurate reduction in costs and burden
experienced by these entities. Furthermore, for those motor carriers of
passengers that will continue to be subject to the lease and
interchange requirements under the rule, the requirements will be
reduced in comparison to the existing requirements. This will also
result in a reduction in costs and burden experienced by these
entities.
    The regulated entities that will experience regulatory relief under
this rule include all the passenger carriers that are subject to the
existing lease and interchange requirements. Approximately 75 percent
of this total number of passenger carriers will experience full
regulatory relief, and will no longer be subject to lease and
interchange requirements. The remaining 25 percent of these passenger
carriers will experience partial regulatory relief and remain subject
to reduced lease and interchange requirements compared to those of the
2015 final rule.
    As presented earlier in Table 3 of the Regulatory Analyses section,
as of 2017 there were an estimated 7,774 passenger carriers subject to
the existing lease and interchange requirements, representing
approximately 58 percent of all active interstate passenger carriers.
As presented in Table 2, this population of passenger carriers is
projected to increase slightly, due to general baseline industry
growth, to 8,046 passenger carriers in 2021, the first year that the
rule is anticipated to be in effect. Therefore, the Agency estimates
that 8,046 passenger carriers will experience regulatory relief under
the rule. The number of these 8,046 passenger carriers that are small
entities is not directly known by FMCSA, and is therefore estimated
below.
    The U.S. Small Business Administration (SBA) defines the size
standards used to classify entities as small. SBA establishes separate
standards for each industry, as defined by the North American Industry
Classification System (NAICS).\47\ The Agency estimates that the
passenger carriers that will experience regulatory relief under the
rule will be in industries within Subsector 485 (Transit and Ground
Passenger Transportation). All eleven 6-digit NAICS industries within
Subsector 485 have an SBA size standard based on annual revenue of
$15.0 million. Three of the eleven 6-digit NAICS industries within
Subsector 485 are likely to encompass most of the passenger carriers
that will experience regulatory relief under the rule, and details
regarding the SBA size standards for those three industries are
presented in Table 6.
---------------------------------------------------------------------------

    \47\ OMB. ``North American Industry Classification System.''
2017. Available at: https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf (accessed June 3, 2019).

                             Table 6--SBA Size Standards for Selected Industries (a)
----------------------------------------------------------------------------------------------------------------
                                                                          SBA size
                                                                          standard
                                                                           (annual     SBA size standard (number
              NAICS code                  NAICS industry description     revenue in          of employees)
                                                                         millions of
                                                                          dollars)
----------------------------------------------------------------------------------------------------------------
485113................................  Bus and Other Motor Vehicle             $15.0  (none).
                                         Transit Systems.
485210................................  Interurban and Rural Bus                 15.0  (none).
                                         Transportation.
485510................................  Charter Bus Industry.........            15.0  (none).
----------------------------------------------------------------------------------------------------------------
Notes:
(a) U.S. Small Business Administration (SBA). ``Table of Small Business Size Standards.'' October 1, 2017.
  Available at: https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.xlsx (accessed June 3,
  2019).

    Data regarding the annual revenue earned by the estimated 8,046
passenger carriers that will experience regulatory relief under the
rule is not collected by FMCSA and is not otherwise available from
other sources. Therefore, the SBA size standard of $15.0 million in
annual revenue cannot be directly applied to determine how many of
these passenger carriers are small entities. FMCSA does, however,
collect information regarding the number of passenger-carrying vehicles
operated by these carriers. As of the end of 2017, of the active
interstate passenger carriers operating in the U.S. as presented
earlier in Table 3, approximately 81 percent operated six or fewer
passenger vehicles, and approximately 93 percent operated 19 or fewer
passenger vehicles.\48\ We estimate that in the passenger carrier
industry, the average annual revenue earned per motorcoach is
approximately $200,000.49 50 51 This means that the SBA size
standard of $15.0 million in annual revenue equates to a carrier size
of 75 passenger vehicles. Therefore, carriers operating 75 passenger
vehicles or fewer are classified as small, consistent with the SBA size
standard of $15.0 million. As of the end of 2017, of the active
interstate passenger carriers operating in the U.S. as presented
earlier in Table 3, approximately 98 percent operated 75 or fewer
passenger vehicles. The Agency does not believe that the rule will
disproportionately apply to either larger or smaller passenger
carriers, and we therefore estimate that a similar 98 percent of the
8,046 passenger carriers that will experience regulatory relief under
the rule, or approximately 7,885 passenger carriers, will be small
entities. Therefore, as also determined in the 2018 NPRM, this rule
will have an impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \48\ U.S. DOT, FMCSA. Motor Carrier Management Information
System (MCMIS), and Licensing and Insurance (L&I) system. Snapshots
as of December 29, 2017 (DART request ID # 38883).
    \49\ The information available regarding revenue for the
passenger carrier industry is limited. The American Bus Associated
reported that for 2004, revenue per motorcoach was approximately
$160,000. Inflated from 2004 dollars to 2016 dollars using either
the CPI-U or the Implicit Price Deflator for GDP, this value becomes
approximately $200,000 per vehicle.
    \50\ American Bus Association (ABA). ``Motorcoach Census 2005.''
September 2006. Page 19, Table 3-5 (Carrier Revenue per Motorcoach,
Averages, 2004). Available at: https://www.iru.org/apps/cms-filesystem-action?file=events_2007_busandcoach/Motorcoach%20Census%202005%2009-21-20061.pdf (accessed June 3,
2019).
    \51\ Greyhound, one of the largest interstate passenger carriers
operating in the U.S., reported total revenue for 2017 of $894
million, with 78 percent of that total, or $697 million, being
passenger revenue. With a fleet size reported to consist of 1,600
buses for the same year, this equals an average passenger revenue
per motorcoach of $435,000. We believe that substantially higher
levels of per vehicle revenue such as this are not representative of
the smaller passenger carriers that make up most of the industry,
and therefore the lesser estimate of $200,000 revenue per motorcoach
described above was used here so as not to risk underestimating the
number of small entities in the passenger carrier industry when used
to compare against the SBA size standard of $15.0 million in annual
revenue. Greyhound data is from ``FirstGroup plc, Annual Report and
Accounts, 2017'', pages 18-19, available at https://
www.firstgroupplc.com/~/media/Files/F/Firstgroup-Plc/indexed-pdfs/
2017%20ARA/
2017%20FirstGroup%20plc%20Annual%20Report%20and%20Accounts.pdf
(accessed June 3, 2019).
---------------------------------------------------------------------------

    Although FMCSA has determined that this rule will have an impact on
a substantial number of small entities, the Agency has determined that
the impact on the small entities that will experience regulatory relief
under the rule will not be significant. The rule will not result in any
increase in costs or any increase in burden for passenger carriers that
are small entities. The effect of the rule will be a reduction in costs
and burden, and will be entirely beneficial to the passenger carriers
that are small entities. As discussed in the Regulatory Analyses
section, the Agency estimates that the rule will result in a total cost
savings of $76.5 million on an undiscounted basis over the 10-year
analysis period used for the regulatory evaluation, or $7.65 million on
an annualized basis, expressed in 2016 dollars. As presented in Table
2, an annual average of approximately 8,366 passenger carriers will
experience regulatory relief under the rule over the same 10-year
analysis period, 98 percent of which are estimated to be small
entities. The annual average cost savings per small carrier will
therefore be at most $914 (potentially even somewhat less, given that
approximately 2 percent of passenger carriers that will experience
regulatory relief under the rule are not small entities and therefore
may represent a disproportionately larger share of the overall absolute
cost savings because of the larger scale of their operations). For even
the smallest of the small entities, those operating only one passenger
vehicle, this $914 in annual savings represents only about one half of
one percent of the estimated total annual revenues of $200,000 for a
carrier with just one motorcoach. Therefore, as also determined in the
2018 NPRM, although FMCSA has determined that this rule will have an
impact on a substantial number of small entities, the Agency has also
determined that the impact on these small entities will not be
significant, and furthermore will be entirely beneficial.
    Accordingly, pursuant to section 605(b) of the Regulatory
Flexibility Act, 5 U.S.C. 605(b), I hereby certify that this final rule
will not have a significant economic impact on a substantial number of
small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the rule will affect your small business, organization, or governmental
jurisdiction, and you have questions concerning its provisions or
options for compliance, please consult the FMCSA point of contact, Ms.
Loretta Bitner, listed in the FOR FURTHER INFORMATION CONTACT section
of this rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). The DOT has a policy regarding the
rights of small entities to regulatory enforcement fairness and an
explicit policy against retaliation for exercising these rights.\52\
---------------------------------------------------------------------------

    \52\ U.S. DOT. ``The Rights of Small Entities To Enforcement
Fairness and Policy Against Retaliation.'' Available at: https://www.transportation.gov/sites/dot.gov/files/docs/SBREFAnotice2.pdf
(accessed June 3, 2019).
---------------------------------------------------------------------------

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act requires agencies to prepare a
comprehensive written statement for any final rule that may result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $161 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2017 levels) or more in any one year. Because this rule does not result
in such an expenditure, a written statement is not required. However,
the Agency does discuss the costs and benefits of this rule elsewhere
in this preamble.

F. Paperwork Reduction Act

    This final rule amends two OMB-approved information collections
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), OMB
Control No. 2126-0054, ``Commercial Motor Vehicle Marking
Requirements,'' and OMB Control No. 2126-0056, ``Lease and Interchange
of Vehicles.'' As defined in 5 CFR 1320.3(c), ``collection of
information'' includes reporting, recordkeeping, monitoring, posting,
labeling, and other similar actions. The title and description of the
information collections, a description of those who must collect the
information, and an estimate of the total annual burden follow. The
estimate covers the time for reviewing instructions, searching existing
sources of data, gathering and maintaining the data needed, and
completing and reviewing the collection.
OMB Control No. 2126-0054 (Commercial Motor Vehicle Marking
Requirements)
    The Agency's CMV marking regulations require freight-carrying
commercial motor carriers, passenger-carrying commercial motor
carriers, and intermodal equipment providers to display the USDOT
number and the legal name or a single trade name of the carrier or
intermodal equipment provider on their vehicles. The USDOT number is
used to identify all motor carriers in FMCSA's registration and
information systems. It is also used by States as the key identifier in
the Performance and Registration Information Systems Management (PRISM)
system, a cooperative Federal/State program that makes motor carrier
safety a requirement for obtaining and maintaining CMV registration and
privileges. Vehicle marking requirements are intended to ensure that
FMCSA, NTSB, and State safety officials can identify motor carriers and
correctly assign responsibility for regulatory violations during
inspections, investigations, compliance reviews, and crash studies.
These marking requirements also provide the public with beneficial
information that could assist in identifying carriers for the purposes
of commerce, complaints, or emergency notification.
    The final rule will eliminate the existing requirement under 49 CFR
390.303(f) for the temporary marking of leased commercial passenger
vehicles. The final rule will therefore amend the OMB-approved
information collection titled ``Commercial Motor Vehicle Marking
Requirements,'' OMB No. 2126-0054. In the currently approved
information collection, the temporary marking of leased passenger-
carrying CMVs was assumed to have de minimis time burden, and therefore
no separate time burden was estimated for that element of the
passenger-carrying CMV marking requirements. Because of this, in the
revision to this information collection, there is no change in time
burden due to program change, and the estimated changes in time burden
from the currently approved information collection are due to
adjustments related to factors such as revised estimates of the
population of passenger-carrying motor carriers and industry growth
rate. There is a small reduction in the annual cost burden, however,
related to the elimination of the cost of materials (paper and adhesive
tape) estimated to be used for the temporary vehicle markings that are
to be eliminated.
    Title: Commercial Motor Vehicle Marking Requirements
    OMB Control Number: 2126-0054
    Summary of the Collection of Information: Under the information
collection, freight-carrying commercial motor carriers, passenger-
carrying commercial motor carriers, and intermodal equipment providers
mark their vehicles to display the USDOT number and the legal name or a
single trade name of the carrier or intermodal equipment provider. This
vehicle marking occurs when a new vehicle is purchased, when a used
vehicle is purchased and requires re-marking, and when a vehicle is
retained by the owner but the existing label reaches the end of its
useful life.
    Need for Information: Vehicle marking requirements are needed to
ensure that FMCSA, the NTSB, and State safety officials can identify
motor carriers and correctly assign responsibility for regulatory
violations during inspections, investigations, compliance reviews, and
crash studies. These marking requirements also provide the public with
beneficial information that could assist in identifying carriers for
the purposes of commerce, complaints, or emergency notification.
    Proposed Use of Information: The USDOT number is used to identify
all motor carriers in FMCSA's registration and information systems, is
used as the key identifier in the PRISM system, and is used by the
public to assist in identifying carriers for the purposes of commerce,
complaints, or emergency notification.
    Description of the Respondents: Freight-carrying commercial motor
carriers, passenger-carrying commercial motor carriers, and intermodal
equipment providers.
    Number of Respondents:

IC-1 (freight carriers) number of respondents: 317,041
IC-2 (passenger carriers) number of respondents: 7,816
IC-3 (intermodal equipment providers) number of respondents: 11
Total number of respondents: 324,868

    Frequency of Response:

IC-1 (freight carriers) frequency of response: 7.9 responses per year,
per respondent.
IC-2 (passenger carriers) frequency of response: 20.4 responses per
year, per respondent.
IC-3 (intermodal equipment providers) frequency of response: 3,962
responses per year, per respondent.
Overall average frequency of response: 8.3 responses per year, per
respondent

    Burden per Response:

IC-1 (freight carriers) burden per response: 0.43 hours
IC-2 (passenger carriers) burden per response: 0.43 hours
IC-3 (intermodal equipment providers) burden per response: 0.43 hours
Overall average burden per response: 0.43 hours

    Estimate of Total Annual Burden:

IC-1 (freight carriers) burden: 1,085,658 hours
IC-2 (passenger carriers) burden: 69,151 hours
IC-3 (intermodal equipment providers) burden: 18,886 hours
Total annual burden: 1,173,695 hours
OMB Control No. 2126-0056 (Lease and Interchange of Vehicles)
    The Agency's lease and interchange of vehicles regulations ensure
that truck and bus carriers are identified (and in some cases
protected) when they agree to lease their equipment and drivers to
other carriers. These regulations also ensure that the government and
members of the public can determine who is responsible for a CMV. Prior
to these regulations, some equipment was leased without written
agreements, leading to disputes and confusion over which party to the
lease was responsible for charges and actions and, at times, who was
legally responsible for the vehicle. These recordkeeping requirements
enable the public and investigators to identify the passenger carrier
responsible for safety, and ensure that FMCSA, our State partners, and
the NTSB are better able to identify the responsible motor carrier and
therefore correctly assign regulatory violations to the appropriate
carrier during inspections, investigations, compliance reviews, and
crash studies.
    The final rule reduces the scope of the lease and interchange
requirements for

motor carriers of passengers. Furthermore, those passenger carriers and
passenger-carrying CMV trips for which lease and interchange
requirements remain applicable are subject to reduced requirements. The
applicability of the existing lease and interchange requirements for
motor carriers of passengers under 49 CFR 390.301 are revised and moved
to Sec.  390.401, resulting in a substantial reduction of approximately
75 percent in the number of passenger carriers and passenger-carrying
CMV trips that will be subject to the lease and interchange requirement
for motor carriers of passengers. For those motor carriers of
passengers that remain subject to lease and interchange requirements,
the existing requirements under 49 CFR 390.303(e) for lease receipt
copies will be eliminated, and the existing requirements under 49 CFR
390.305 for charter party notification will also be eliminated.
    The final rule therefore amends the OMB-approved information
collection titled ``Lease and Interchange of Vehicles,'' OMB No. 2126-
0056. In the revision to this information collection, there is
substantial reduction in time burden due to program change from the
currently approved information collection because of the rule.
    Title: Lease and Interchange of Vehicles
    OMB Control Number: 2126-0056
    Summary of the Collection of Information: Under the information
collection, freight-carrying commercial motor carriers and passenger-
carrying commercial motor carriers negotiate leases, prepare and sign
lease documents, and produce copies of lease documents.
    Need for Information: The Agency's lease and interchange of
vehicles regulations ensure that truck and bus carriers are identified
(and in some cases protected) when they agree to lease their equipment
and drivers to other carriers. These regulations also ensure that the
government and members of the public can determine who is responsible
for a CMV. These recordkeeping requirements enable the public and
investigators to identify the passenger carrier responsible for safety.
    Proposed Use of Information: The government generally collects
little information with this ICR. The leases and other agreements are
developed and held by the lessor (e.g., those granting use of
equipment) and lessee (e.g., party acquiring equipment). They are used
to assign duties and responsibilities. The information may also be used
by law enforcement to determine legal responsibility if a leased
vehicle is in violation of the regulations or is involved in a crash.
    Description of the Respondents: Freight-carrying commercial motor
carriers, and passenger-carrying commercial motor carriers.
    Number of Respondents:

IC-1 (property-carrying CMVs) number of respondents: 36,001
IC-2 (passenger-carrying CMVs) number of respondents: 6,729
Total number of respondents: 42,730

    Frequency of Response:

IC-1 (property-carrying CMVs) frequency of response: 19.9 responses per
year, per respondent.
IC-2 (passenger-carrying CMVs) frequency of response: 65.4 responses
per year, per respondent.
Overall average frequency of response: 27.1 responses per year, per
respondent

    Burden per Response:

IC-1 (property-carrying CMVs) burden per response: 0.11 hours
IC-2 (passenger-carrying CMVs) burden per response: 0.13 hours
Overall average burden per response: 0.12 hours

    Estimate of Total Annual Burden:

IC-1 (property-carrying CMVs) burden: 77,767 hours
IC-2 (passenger-carrying CMVs) burden: 58,520 hours
Total annual burden: 136,287 hours

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), FMCSA will submit a copy of this rule to OMB for its review
of the collection of information.
    FMCSA asked for public comment on the collection of information in
the 2018 NPRM. No comments addressed the collection of information
analysis to the NPRM.

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. No comments received addressed Federalism
implications. Therefore, this rule does not have sufficient Federalism
implications to warrant the preparation of a Federalism Impact
Statement.

H. E.O. 12988 (Civil Justice Reform)

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

I. E.O. 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), requires
agencies issuing ``economically significant'' rules, if the regulation
also concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

K. Privacy

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a Privacy Impact Assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined that this rule would not result in a new or revised
Privacy Act System of Records for FMCSA.
    The E-Government Act of 2002, Public Law 107-347, sec. 208, 116
Stat. 2899, 2921 (December 17, 2002), requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate

information as a result of this rule. Accordingly, FMCSA has not
conducted a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. The Agency has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, it does not require a
Statement of Energy Effects under E.O. 13211.

N. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    Executive Order 13783 directs executive departments and agencies to
review existing regulations that potentially burden the development or
use of domestically produced energy resources, and to appropriately
suspend, revise, or rescind those that unduly burden the development of
domestic energy resources. In accordance with E.O. 13783, the DOT
prepared and submitted a report to the Director of OMB providing
specific recommendations that, to the extent permitted by law, could
alleviate or eliminate aspects of agency action that burden domestic
energy production. The DOT has not identified this rule as potentially
alleviating unnecessary burdens on domestic energy production under
E.O. 13783.

O. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

P. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, FMCSA did not consider the use of voluntary
consensus standards.

Q. Environment (NEPA and CAA)

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraphs (6)(y)(2) and (6)(y)(7). The Categorical
Exclusion (CE) in paragraph (6)(y)(2) covers regulations implementing
motor carrier identification and registration reports. The Categorical
Exclusion (CE) in paragraph (6)(y)(7) covers regulations implementing
prohibitions on motor carriers, agents, officers, representatives, and
employees from making fraudulent or intentionally false statements on
any application, certificate, report, or record required by FMCSA. The
requirements in this rule are covered by these CEs, and the action does
not have the potential to significantly affect the quality of the
environment. The CE determination is available for inspection or
copying in the regulations.gov website listed under ADDRESSES.
    FMCSA also analyzed this rule under section 176(c) of the Clean Air
Act, as amended (CAA) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

List of Subjects in 49 CFR Part 390

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

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
subchapter B, part 390 to read as follows:

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; sec. 212 and 217, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by
sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat.
1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830;
sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524,
Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L.
115-105, 131 Stat. 2263; and 49 CFR 1.81. 1.81a, 1.87.

0
2. Amend Sec.  390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the definition of ``Lease,'' ``Lessee,'' and ``Lessor'''';
0
c. Suspend Sec.  390.5 indefinitely.
    The revised text reads as follows:

Sec.  390.5  Definitions.

* * * * *
    Lease, as used in subpart G of this part, means a contract or
agreement in which a motor carrier of passengers grants the use of a
passenger-carrying commercial motor vehicle to another motor carrier,
with or without a driver, for a specified period for the transportation
of passengers, whether or not compensation for such use is specified or
required, when one or more of the motor carriers of passengers is not
authorized to operate in interstate commerce pursuant to 49 U.S.C.
13901-13902. The term lease includes an interchange, as defined in this
section, or other agreement granting the use of a passenger-carrying
commercial motor vehicle for a specified period, with or without a
driver, whether or not compensation for such use is specified or
required. For a definition of lease in the context of property-carrying
vehicles, see Sec.  376.2 of this subchapter.
    Lessee, as used in subpart G of this part, means the motor carrier
obtaining the use of a passenger-carrying commercial motor vehicle,
with or without the driver, from another motor carrier, through a lease
as defined in this section. The term lessee includes a motor carrier
obtaining the use of a passenger-carrying commercial motor vehicle from
another motor carrier under an interchange or other agreement, with or
without a driver, whether or not compensation for such use is
specified. For a definition of lessee in the context of property-
carrying vehicles, see Sec.  376.2 of this subchapter.

    Lessor, as used in subpart G of this part, means the motor carrier
granting the use of a passenger-carrying commercial motor vehicle, with
or without the driver, to another motor carrier, through a lease as
defined in this section. The term lessor includes a motor carrier
granting the use of a passenger-carrying commercial motor vehicle, with
or without the driver, to another motor carrier under an interchange or
other agreement, whether or not compensation for such use is specified.
For a definition of lessor in the context of property-carrying
vehicles, see Sec.  376.2 of this subchapter.
* * * * *

0
3. Amend Sec.  390.5T by revising the definitions of ``Lease,''
``Lessee,'' and ``Lessor'' to read as follows:

Sec.  390.5T  Definitions.

* * * * *
    Lease, as used in subpart G of this part, means a contract or
agreement in which a motor carrier of passengers grants the use of a
passenger-carrying commercial motor vehicle, with or without the
driver, to another motor carrier, for a specified period for the
transportation of passengers, whether or not compensation for such use
is specified or required, when one or more of the motor carriers of
passengers is not authorized to operate in interstate commerce pursuant
to 49 U.S.C. 13901-13902. The term lease includes an interchange, as
defined in this section, or other agreement granting the use of a
passenger-carrying commercial motor vehicle, with or without the
driver, for a specified period, whether or not compensation for such
use is specified or required. For a definition of lease in the context
of property-carrying vehicles, see Sec.  376.2 of this subchapter.
    Lessee, as used in subpart G of this part, means the motor carrier
obtaining the use of a passenger-carrying commercial motor vehicle,
with or without the driver, from another motor carrier, through a lease
as defined in this section. The term lessee includes a motor carrier
obtaining the use of a passenger-carrying commercial motor vehicle,
with or without the driver, from another motor carrier under an
interchange or other agreement, whether or not compensation for such
use is specified. For a definition of lessee in the context of
property-carrying vehicles, see Sec.  376.2 of this subchapter.
    Lessor, as used in subpart G of this part, means the motor carrier
granting the use of a passenger-carrying commercial motor vehicle, with
or without the driver, to another motor carrier, through a lease as
defined in this section. The term lessor includes a motor carrier
granting the use of a passenger-carrying commercial motor vehicle, with
or without the driver, to another motor carrier under an interchange or
other agreement, whether or not compensation for such use is specified.
For a definition of lessor in the context of property-carrying
vehicles, see Sec.  376.2 of this subchapter.
* * * * *

0
4. Amend Sec.  390.21 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (e);
0
c. Remove paragraph (f);
0
d. Redesignate paragraphs (g) and (h) as paragraphs (f) and (g),
respectively;
0
e. Suspend Sec.  390.21 indefinitely.
    The revised text reads as follows:

Sec.  390.21   Marking of self-propelled CMVs and intermodal equipment.

* * * * *
    (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier
operating a self-propelled CMV under a rental agreement or a passenger-
carrying CMV under a lease, when the rental agreement or lease has a
term not in excess of 30 calendar days, meets the requirements of this
section if:
    (1) The CMV is marked in accordance with the provisions of
paragraphs (b) through (d) of this section; or
    (2) Except as provided in paragraph (e)(2)(v) of this section, the
CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this
section:
    (i) The legal name or a single trade name of the lessor is
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of
this section; and
    (iii) The rental agreement or lease as applicable entered into by
the lessor and the renting motor carrier or lessee conspicuously
contains the following information:
    (A) The name and complete physical address of the principal place
of business of the renting motor carrier or lessee;
    (B) The identification number issued to the renting motor carrier
or lessee by FMCSA, preceded by the letters ``USDOT,'' if the motor
carrier has been issued such a number. In lieu of the identification
number required in this paragraph, the following information may be
shown in a rental agreement:
    (1) Whether the motor carrier is engaged in ``interstate'' or
``intrastate'' commerce; and
    (2) Whether the renting motor carrier is transporting hazardous
materials in the rented CMV;
    (C) The sentence: ``This lessor cooperates with all Federal, State,
and local law enforcement officials nationwide to provide the identity
of customers who operate this rental CMV''; and
    (iv) The rental agreement or lease as applicable entered into by
the lessor and the renting motor carrier or lessee is carried on the
rental CMV or leased passenger-carrying CMV during the full term of the
rental agreement or lease. See the property-carrying leasing
regulations at 49 CFR part 376 and the passenger-carrying leasing
regulations at subpart G of this part for information that should be
included in all leasing documents.
    (v) Exception. (A) The passenger-carrying CMV operating under the
48-hour emergency exception pursuant to Sec.  390.403(a)(2) of this
part does not need to comply with paragraphs (e)(2)(iii) and (iv) of
this section, provided the lessor and lessee comply with the
requirements of Sec.  390.403(a)(2).
    (B) A motor carrier operating a self-propelled CMV under a lease
subject to subpart G of this part (Sec. Sec.  390.401 and 390.403) must
begin complying with this paragraph (e) on January 1, 2021.
* * * * *

0
5. Amend Sec.  390.21T by
0
a. Revising paragraph (e);
0
b. Removing paragraph (f);
0
c. Redesignating paragraphs (g) and (h) as paragraphs (f) and (g),
respectively.
    The revision to read as follows:

Sec.  390.21T   Marking of self-propelled CMVs and intermodal
equipment.

* * * * *
    (e) Rented CMVs and leased passenger-carrying CMVs. A motor carrier
operating a self-propelled CMV under a rental agreement or a passenger-
carrying CMV under a lease, when the rental agreement or lease has a
term not in excess of 30 calendar days, meets the requirements of this
section if:
    (1) The CMV is marked in accordance with the provisions of
paragraphs (b) through (d) of this section; or
    (2) Except as provided in paragraph (e)(2)(v) of this section, the
CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this
section:
    (i) The legal name or a single trade name of the lessor is
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of
this section; and
    (iii) The rental agreement or lease as applicable entered into by
the lessor and

the renting motor carrier or lessee conspicuously contains the
following information:
    (A) The name and complete physical address of the principal place
of business of the renting motor carrier or lessee;
    (B) The identification number issued to the renting motor carrier
or lessee by FMCSA, preceded by the letters ``USDOT,'' if the motor
carrier has been issued such a number. In lieu of the identification
number required in this paragraph, the following information may be
shown in a rental agreement:
    (1) Whether the motor carrier is engaged in ``interstate'' or
``intrastate'' commerce; and
    (2) Whether the renting motor carrier or lessee is transporting
hazardous materials in the rented or leased CMV;
    (C) The sentence: ``This lessor cooperates with all Federal, State,
and local law enforcement officials nationwide to provide the identity
of customers who operate this rental or leased CMV''; and
    (iv) The rental agreement or lease as applicable entered into by
the lessor and the renting motor carrier or lessee is carried on the
rental CMV or leased passenger-carrying CMV during the full term of the
rental agreement or lease. See the property-carrying leasing
regulations at 49 CFR part 376 and the passenger-carrying leasing
regulations at subpart G of this part for information that should be
included in all leasing documents.
    (v) Exception. (A) A passenger-carrying CMV operating under the 48-
hour emergency exception pursuant to Sec.  390.403(a)(2) of this part
does not need to comply with paragraphs (e)(2)(iii) and (iv) of this
section, provided the lessor and lessee comply with the requirements of
Sec.  390.403(a)(2).
    (B) A motor carrier operating a self-propelled CMV under a lease
subject to subpart G of this part (Sec. Sec.  390.401 and 390.403) must
begin complying with this paragraph (e) on January 1, 2021.
* * * * *

Subpart F--[Removed and Reserved]

0
6. Remove and reserve subpart F of part 390, consisting of Sec. Sec.
390.300T through 390.305.

0
5. Add subpart G, consisting of Sec. Sec.  390.401 and 390.403, to read
as follows:
Subpart G--Lease and Interchange of Passenger-Carrying Commercial Motor
Vehicles
Sec.
390.401 Applicability.
390.403 Lease and interchange requirements.

Subpart G--Lease and Interchange of Passenger-Carrying Commercial
Motor Vehicles

Sec.  390.401  Applicability.

    (a) General. Beginning on January 1, 2021, and except as provided
in paragraphs (b)(1) and (2) of this section, this subpart applies to
the following actions, irrespective of duration, or the presence or
absence of compensation, by motor carriers operating commercial motor
vehicles to transport passengers:
    (1) The lease of passenger-carrying commercial motor vehicles; and
    (2) The interchange of passenger-carrying commercial motor vehicles
between motor carriers.
    (b) Exceptions--(1) Contracts and agreements between motor carriers
of passengers with active passenger carrier operating authority
registrations. This subpart does not apply to contracts and agreements
between motor carriers of passengers that have active passenger carrier
operating authority registrations with the Federal Motor Carrier Safety
Administration when one such motor carrier acquires transportation
service(s) from another such motor carrier(s).
    (2) Financial leases. This subpart does not apply to a contract
(however designated, e.g., lease, closed-end lease, hire purchase,
lease purchase, purchase agreement, installment plan, demonstration or
loaner vehicle, etc.) between a motor carrier and a bank or similar
financial organization or a manufacturer or dealer of passenger-
carrying commercial motor vehicles allowing the motor carrier to use
the passenger-carrying commercial motor vehicle.
    (c) Penalties. If the use of a passenger-carrying commercial motor
vehicle is conferred on one motor carrier subject to this subpart by
another such motor carrier without a lease or interchange agreement, or
pursuant to a lease or interchange agreement that fails to meet all
applicable requirements of subpart G, both motor carriers shall be
subject to a civil penalty.

Sec.  390.403  Lease and interchange requirements.

    Beginning on January 1, 2021, and except as provided in Sec.
390.401(b) of this section, a motor carrier may transport passengers in
a leased or interchanged commercial motor vehicle only under the
following conditions:
    (a) In general--(1) Lease or agreement required. There shall be in
effect either:
    (i) A lease granting the use of the passenger-carrying commercial
motor vehicle and meeting the conditions of paragraphs (b) and (c) of
this section. The provisions of the lease shall be adhered to and
performed by the lessee; or
    (ii) An agreement meeting the conditions of paragraphs (b) and (c)
of this section and governing the interchange of passenger-carrying
commercial motor vehicles between motor carriers of passengers
conducting service on a route or series of routes. The provisions of
the interchange agreement shall be adhered to and performed by the
lessee.
    (2) Exception. When an event occurs (e.g., a crash, the vehicle is
disabled) that requires a motor carrier of passengers immediately to
obtain a replacement vehicle from another motor carrier of passengers,
the two carriers may postpone the writing of the lease or written
agreement for the replacement vehicle for up to 48 hours after the time
the lessee takes exclusive possession and control of the replacement
vehicle. However, during that 48-hour period, until the lease or
agreement is written and provided to the driver, the driver must carry,
and produce upon demand of an enforcement official, a document signed
and dated by the lessee's driver or available company official stating:
``[Carrier A, USDOT number, telephone number] has leased this vehicle
to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR
390.403(a)(2).''
    (b) Contents of the lease. The lease or interchange agreement
required by paragraph (a) of this section shall contain:
    (1) Vehicle identification information. The name of the vehicle
manufacturer, the year of manufacture, and at least the last 6 digits
of the Vehicle Identification Number (VIN) of each passenger-carrying
commercial motor vehicle transferred between motor carriers pursuant to
the lease or interchange agreement.
    (2) Parties. The legal name, USDOT number, and telephone number of
the motor carrier providing passenger transportation in a commercial
motor vehicle (lessee) and the legal name, USDOT number, and telephone
number of the motor carrier providing the equipment (lessor), and
signatures of both parties or their authorized representatives.
    (3) Specific duration. The time and date when, and the location
where, the lease or interchange agreement begins and ends.
    (4) Exclusive possession and responsibilities. (i) A clear
statement that the motor carrier obtaining the passenger-carrying
commercial motor vehicle (the lessee) has exclusive possession,
control, and use of the passenger-carrying commercial motor

vehicle for the duration of the agreement, and assumes complete
responsibility for operation of the vehicle and compliance with all
applicable Federal regulations for the duration of the agreement.
    (ii) In the event of a sublease between motor carriers, all of the
requirements of this section shall apply to a sublease.
    (c) Copies of the lease. A copy shall be on the passenger-carrying
commercial motor vehicle during the period of the lease or interchange
agreement, and both the lessee and lessor shall retain a copy of the
lease or interchange agreement for 1 year after the expiration date.

    Issued under the authority delegated in 49 CFR 1.87.

    Dated: August 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-17342 Filed 8-13-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17548-17549]
[FR Doc No: 2018-08266]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2337-077]

Notice of Availability of Final Environmental Assessment;
PacifiCorp

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for new license for the Prospect No. 3
Hydroelectric Project, located on the South Fork Rogue River in Jackson
County, Oregon, and has prepared a Final Environmental Assessment (FEA)
for the project. The project currently occupies 32.4 acres of federal
land managed by the U.S. Forest Service as part of the Rogue River-
Siskiyou National Forest.

    The FEA contains the staff's analysis of the potential
environmental impacts of the project and concludes that licensing the
project, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    A copy of the FEA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website at
http://www.ferc.gov using the eLibrary link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, contact Dianne Rodman at<PHONE_NUMBER>.

    Dated: April 16, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-08266 Filed 4-19-18; 8:45 am]
 BILLING CODE 6717-01-P