FMCSA-98-3947. The fact the individual providing the service is not a business seems to be irrelevant. The commenters were: Mr. Ignacio Almada, a concerned college student; the Amalgamated Transit Union (ATU); the ABA; the American Car Rental Association (ACRA); Mr. E.A. developer tools pages. At this time, the FMCSA is not able to specifically quantify the safety benefits resulting from requiring CMVs to be marked. For complete information about, and access to, our official publications Internet users may reach the Office of the Federal Register's home page at​fedreg and the Government Printing Office's database at:​naray. Start Printed Page 2758. Section 1. The agency believes the option chosen will be most effective at helping to achieve its objective to monitor the safety performance of these passenger carriers. 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. 359 30 The FMCSA believes the costs of complying with the requirements to submit a motor carrier identification report and to maintain an accident register are negligible. On the same day, the agency published a notice of proposed rulemaking (NPRM) (64 FR 48518) to require that these motor carriers file a motor carrier identification report, mark their CMVs with a USDOT identification number and certain other information (i.e., name or trade name and address of the principal place of business), and maintain an accident register. The FMCSA is amending the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt the statutory definition of a commercial motor vehicle (CMV) found at 49 U.S.C. If FHWA ultimately ignores this argument and decides to cover these courtesy shuttles within the scope of this rulemaking, ACRA urges the Agency to restrict the scope of its regulations to the three areas proposed in the NPRM. 0000026661 00000 n The FMCSA is requiring the operators of small passenger-carrying vehicles to comply with all the provisions of the marking rule, except § 390.21(b)(1) concerning the display of the name or trade name of the motor carrier. As part of this reply, we have done the same thing for the third quarter of 1999. Although the House Conference Report (H.R. 2. An articulated vehicle is one that consists of two or more separate frames connected by suitable couplings. Clients and customers of limousine services and other luxury-type passenger service would most likely prefer that the vehicles be discretely marked. 98-424, at 6-7 (1984), reprinted in 1984 U.S.C.C.A.N. The RINs contained in the heading of this document can be used to cross reference this action with the Unified Agenda. Conf. on NARA's 803, 919) changed the MCSA's definition of a commercial motor vehicle. These vans, or camionetas, operate on the Southwest border, traveling great distances between points in Mexico and the U.S. The agency believes there may be many more carriers and that the ITLA's estimate appears to be a reasonable number. Of course, NADA recognizes that dealerships operating courtesy shuttle vans not for compensation are subject to the over 15 passenger vehicle set out in 49 USC 31132(1)(C). 1748). 0000035972 00000 n documents in the last year, 794 3. The information presented by the various commenters raises safety issues Start Printed Page 2761the FMCSA must address. Therefore, the FMCSA is requesting that the revised information collections be approved at this time and is submitting this request to OMB. Accordingly, the FMCSA has considered the economic impacts of the requirements on small entities and certifies that this rule would not have a significant economic impact on a substantial number of small entities. The FMCSA believes it is important that small passenger-carrying CMVs be marked with USDOT numbers so that the public has an effective means to identify motor carriers operating in an unsafe manner. The FMCSA has analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The agency is taking this action to gather information about the operations and safety of motor carriers operating small passenger-carrying vehicles for compensation. electronic version on GPO’s Since this is a new program with several thousand potential UCR registrations in RI alone, we strongly encourage business owners to register and pay the registration fee on-line. It addresses the safety oversight of camionetas operations and other van operations that might pose a serious safety risk and, consequently, focuses on many concerns raised by the commenters in this proceeding. There is no way to determine how many new motor carriers, drivers, and vehicles would be subject to the new requirements. The safety performance data ultimately would be used to determine whether there are safety problems with operators of small passenger-carrying CMVs, and whether other FMCSRs should be made applicable to them. A vehicle with a GVWR of 9,500 pounds that was loaded to 10,500 pounds GVW would therefore be subject to the FMCSRs if it was operating in interstate commerce. The FMCSA believes that this responsibility should remain with the employer and sees no public benefit to having the agency collect this information. Introduction and Purpose . The commenters have not provided any information to support the implicit assertion that the current accident information used as a factor in assessing a motor carrier's safety fitness is inadequate. While it is true that neither ABA nor the FHWA has comprehensive data on the extent of compensated transportation services currently provided by operators of vans seating 9 to 15 passengers, ABA has discovered information indicating that this is a substantial and growing market, particularly but not exclusively in markets for predominantly Hispanic passengers. The NFDA indicated that its members generally do not operate vehicles designed or used to transport 9 to 15 passengers. On September 3, 1999 (64 FR 48510), the FHWA published an interim final rule to adopt the statutory definition of a CMV found at 49 U.S.C. Congress has given FHWA the discretion to regulate these vehicles based upon FHWA's expertise in the area of CMVs. There are many municipal police agencies that are also authorized to enforce the FMCSR that may have a legitimate need to regulate these carriers within their jurisdictions. We have been in discussion with the Texas Bus Association over the past three years concerning the operation of the camionetas in Texas. NFDA believes that an exemption is warranted for vehicles used in connection with a funeral service since they are typically operating in a funeral procession under a police escort and subject to special state and local laws * * *. The agency estimates the update would take 10 minutes. This, too, revealed the congressional policy of applying available Federal motor carrier safety resources to larger vehicles. Notwithstanding the emphasis on camionetas operations, the commenters raise questions about the safety of other long-haul, interstate van operators as well. To save money, camioneta owners often assign only one driver for the long journey. The FMCSA does not believe it is necessary to require that the accident register include more information than is currently required by 49 CFR 390.15. The type of service being provided should be the controlling factor. Each of these factors poses significant safety risks. L. 104-88, 109 Stat. MCS 90 – An endorsement to Liability and Cargo Liability Insurance policies that guarantees the minimum required protection for members of the public is carried. Q: OK, so how do I register? 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. updated on 4:15 PM on Thursday, November 5, 2020, updated on 8:45 AM on Thursday, November 5, 2020. The ITLA expressed concern about imposing the FMCSR's on the operators of small passenger-carrying CMVs given the apparent lack of data on the safety of such operators. The commenters included State and local government agencies, transit authorities, vanpool organizations, vanpool members, universities, trade associations, members of the Congress, and private citizens. Considering the limited factual foundation that FHWA has for classifying these smaller vehicles as CMVs, it is not appropriate to burden the owners of these vehicles with the full regulatory requirements of the FMCSRs. Register, and does not replace the official print version or the official None of the commenters in support of regulating small passenger-carrying vehicles believed implementing section 4008(a) of the TEA-21 would result in adverse impacts to those businesses. A truck tractor is a motor vehicle designed primarily for drawing truck trailers and… • Carrier Operation - Identifies the carrier as being engaged in interstate, intrastate hazardous material, or intrastate non-hazardous material transport activities. In addition, ITLA must presume that FHWA intends to apply applicable FMCSRs to operators of vans which provide vanpool services as a commercial enterprise. However, the agency estimates the update would take considerably less time because most of the information is likely to be the same and motor carriers would already have had the experience of completing the form at least once before the update. 701 note); and 49 CFR 1.73. FHWA will, in effect, be stepping in to save lives of people unwittingly using unsafe commercial passenger vans, as well as those who come in contact with them on the country's roads. Mr. Rick Farris and the Iowa Department of Transportation expressed opposition to making the FMCSRs applicable to operators of small passenger-carrying CMVs subject to the FMCSRs. An articulated vehicle is one that consists of two or more separate frames connected by suitable couplings. However, one of the commenters responding to the August 5, 1998, ANPRM (63 FR 41766) provided information that may be useful in estimating the population of vehicles that would need to be marked. Motor carriers must give the agency all reasonable assistance in the investigation of any accident. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. We at Proyecto Libertad work to better the futures of migrants and refugees, however it is of great concern to us that the safety of these same people is compromised because these vans are not required to meet federal safety standards. 0000062552 00000 n 204, Pub. In the interest of avoiding an overly expansive definition and in the interest of clarity, the FHWA should promulgate a final rule that defines for-hire transportation to include only directly compensated, fee-paid transportation. This final rule contains a requirement that businesses currently not subject to 49 CFR 390.19 file, and periodically update the Form MCS-150.