PRA-2126-0013-NewEntrant-FinalRule-SS-071808-ew5.USE

Department of Transportation

Office of the Chief Information Officer

SUPPORTING STATEMENT

Motor Carrier Identification Report

Introduction: This supporting statement revises a current information collection request (ICR) entitled, “Motor Carrier Identification Report (Application for U.S. DOT Number),” approved by the Office of Management and Budget (OMB) and assigned OMB Control No. 2126-0013. The total annual burden for this IC is 119,270 hours and it will expire on March 31, 2011.

The Federal Motor Carrier Administration (FMCSA) intends to revise this information collection due to a program change set forth in a final rulemaking entitled, “New Entrant Safety Assurance Process” (see Attachment A), that would raise the standard of compliance for passing the new entrant safety audit. The agency will eliminate the FMCSA Form MCS-150A, “Safety Certification for Application for USDOT Number,” because it does not provide the certification intended. Elimination of the MCS-150A form will be the only portion of this final rule with Paperwork Reduction Act (44 U.S.C. 3501 et seq.) implications for the OMB Control No. 2126-0013 information collection.

1. Circumstances that make collection of information necessary.

The Department of Transportation and Related Agencies Appropriations Act for fiscal year 2002, Public Law 107-87, 115 Stat. 833 (Appropriations Act of 2002), dated December 18, 2001 (see Attachment B), directed the agency to issue an interim final rule (IFR) to ensure that new entrant motor carriers are knowledgeable about the Federal Motor Carrier Safety Regulations (FMCSRs) and standards. On May 13, 2002, the agency published an IFR entitled, “New Entrant Safety Assurance Process,” (at 67 FR 31978) (see Attachment C) as mandated by the Appropriations Act of 2002.

All motor carriers (not domiciled in Mexico) applying for the first time to operate in interstate commerce in the United States are “new entrants.” Such carriers are required to certify that they are knowledgeable about, and will comply with, the FMCSRs (see 49 CFR part 385 et seq., Attachment D). This must be done in order to receive a U.S. DOT number and begin interstate operations within the United States.

In a supplemental notice of proposed rulemaking (SNPRM) entitled, “Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits,” dated August 19, 2003 (at 68 FR 49737) (see Attachment E), the FMCSA set forth a proposal that would require intrastate motor carriers engaged in the transportation of hazardous materials (estimated initially to be 797, but amended to 992)¹ to apply for U.S. DOT Numbers and complete Form MCS-150B (Combined Motor Carrier Identification Report and HM Permit Application) (but not Form MCS-150A (safety certification) because it does not apply to them (see discussion below)).

The “Modified Statutory Option” proposed in the SNPRM and adopted in the final rule increased the annual burden for the OMB Control No. 2126-0013 information collection by extending the data collection to 992 intrastate motor carriers as well (both small and large) that transport the permitted hazardous materials.

On June 30, 2004, FMCSA revised this information collection due to a program change set forth in a final rule entitled, “Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits” (see Attachment F), that increased the population of motor carriers required to complete the Motor Carrier Identification Report—Application for a U.S. DOT number (by adding 992 “intrastate” motor carriers to the total number of carriers engaged in the transportation of hazardous materials because they now must obtain a U.S. DOT number).

This information collection supports the Department’s strategic goal of safety.

2. How, by whom, and for what purpose the information is to be used.

The information on the Motor Carrier Identification Report (Form MCS-150) is used by the FMCSA to identify its regulated entities, to help prioritize the agency’s activities, to aid in assessing the safety outcomes of those activities and for statistical purposes.

The purpose of the information collected on the MCS-150A form entitled, “Safety Certification for Applications for U.S. DOT Number,” is to help ensure that new entrant motor carriers are knowledgeable about the FMCSRs and standards before being granted registration authority to operate in interstate commerce in the U.S. The Form MCS-150A required the new entrant to certify that it had a system(s) in place to ensure compliance with applicable requirements covering driver qualifications, hours-of-service, controlled substance and alcohol testing, vehicle condition, accident monitoring and hazardous materials transportation. The certification reminds the new entrant of its statutory and regulatory responsibilities, which if neglected or violated, may subject the applicant to civil penalties and lead to the revocation of the new entrant registration. However, based on the Safety Audits (SAs) conducted to date, FMCSA has found many new entrants have certified on the MCS-150A they have knowledge about the FMCSRs and applicable hazardous materials regulations (HMRs) and have in place the safety management controls necessary to conduct interstate operations, but are not, in fact, in compliance with the FMCSRs and applicable HMRs. As noted above, “intrastate” motor carriers do not need to complete Form MCS-150A since they are not new entrants and only operate within the boundaries of the individual 50 States of the U.S. This final rule proposes to eliminate the requirement for new entrants to complete the Form MCS-150A because it does not provide the certification intended. Elimination of the Form MCS-150A burden hours will be only a portion of the OMB Control No. 2126-0013 information collection affected by this final rule. Some parts of the form (e.g., corporate information) will be incorporated in Form MCS-150. Conforming amendments are proposed to eliminate mention of the MCS-150A throughout the regulations.

FMCSA implemented the Hazardous Materials Safety Permit final rule to require all HM permitted carriers to complete a new Form MCS-150B entitled, “Combined Motor Carrier Identification Report and HM Permit Application,” to provide the limited additional information required for issuance of a safety permit to transport hazardous materials. The safety program now requires all HM permitted carriers to complete Form MCS-150B in place of the current Form MCS-150. In addition, HM permitted carriers must complete the MCS-150B in place of the MCS-150 to “renew” both their permit and their U.S. DOT numbers according to the U.S. DOT number renewal schedule in 49 CFR § 390.19.

This ICR has been separated into three information collections (ICs) as follow:

a. IC-1, Form MCS-150, Motor Carrier Identification Report (Application for U.S. DOT Number). The Form MCS-150 is filed by all motor carriers conducting operations in interstate or international commerce in the U.S. within 90 days after beginning operations.

b. IC-2, Form MCS-150A, Safety Certification for Application (Safety Certification for Application for U.S. DOT Number). The Form MC-150A is filed by new entrants to certify that they are in compliance with FMCSA safety regulations. The final rule will discontinue this form because it did not obtain the certification intended.

c. IC-3, Form MCS-150B, Combined Motor Carrier Identification and HM Permit Application. The Form MC-150B is filed by interstate motor carriers that transport the permitted hazardous materials.

3. Extent of automated information collection.

In response to the Government Paperwork Elimination Act (enacted on October 21, 1998, as title XVII of Public Law 105-277, 112 Stat. 2681) (See Attachment G), the FMCSA allows all respondents to complete Forms MCS-150 and MCS-150B on-line at the FMCSA Web site, http://www.fmcsa.dot.gov/factsfigs/ formspubs.htm. One hundred percent (100%) of the Forms MCS-150 and MCS-150B can now completed and submitted to the FMCSA on-line. However, the current estimated percentage of the forms submitted to FMCSA on-line is as follow:

Current On-line Submissions of MCS-150 Forms

Forms	Adds	Changes (Edits)
MCS-150	70%	40%
MCS-150B	60%	85%

4. Efforts to identify duplication.

The FMCSA is the only Federal agency with the authority to promulgate and enforce safety regulations applicable to for-hire and private motor carriers (and their commercial motor vehicles (CMVs) and drivers) operating in interstate commerce. There are no similar filings made with any other Federal agency which would result in duplication of this information.

The ICC Termination Act of 1995 (the ICCTA) (Public Law 104-88, 109 Stat. 803 (December 29, 1995)) (Attachment H), eliminated the Interstate Commerce Commission (ICC), transferred certain ICC functions to the DOT, and established a registration system to replace the licensing system previously administered by the former ICC. The ICCTA requires interstate, for-hire motor carriers of property and passenger carriers, property brokers and freight forwarders to register with the Secretary of Transportation (Secretary) to provide such transportation or related services, and directs the Secretary to register such entities when minimum prescribed criteria are met. Pursuant to the ICCTA, the Secretary, in cooperation with the States, and after notice and opportunity for public comment, is directed to issue regulations to replace this registration system, as well as DOT’s current identification number system, the single State registration system, and the financial responsibility information system, with a unified on-line, Federal system.

On August 26, 1996, the agency published an advance notice of proposed rulemaking (at 61 FR 43816) (Attachment I) concerning the development of a comprehensive Motor Carrier Replacement Information/Registration System, also known as the “Unified Carrier Registration” (UCR) system. Because of the complexity of the UCR, as well as the significant changes that would be needed to be made to the agency’s procedures and to its information management systems, the notice of proposed rulemaking for the UCR continues under development. The UCR is intended to serve as a clearinghouse and depository of information on, and identification of, all foreign and domestic motor carriers, brokers, and freight forwarders, and others required to register with the DOT, as well as a mechanism to provide information on safety fitness and compliance with required levels of financial responsibility.

On May 19, 2005, the agency published a notice of proposed rulemaking (at 70 FR 28990) (Attachment J) proposing a revised registration system. The Unified Registration System would apply to every motor carrier, freight forwarder and broker required to register with DOT under 49 CFR § 390.19 or 49 U.S.C. § 13901, except Mexico-domiciled motor carriers registering to operate between Mexico and points in the United States beyond border commercial zones along the U.S.-Mexico international border. The FMCSA will coordinate the content and timing of information required in its various information systems as it develops the URS to ensure that it obtains timely and accurate information, while avoiding potential duplication of information.

5. Efforts to minimize the burden on small businesses.

The DOT Appropriations Act for fiscal year 2002 (Attachment B) directed the agency to issue an interim final rule to ensure that new entrant motor carriers are knowledgeable about Federal safety standards and regulations. This certification by the motor carrier is one tool employed by the agency to ensure that the new entrant motor carriers are aware of our regulations. The requirement to submit the report applies to all motor carriers conducting operations in interstate commerce in the U.S. regardless of size.

6. Impact of less frequent collection of information.

The information on Forms MCS-150 and MCS-150B are collected bi-annually. The FMCSA believes that a longer update cycle simply will not provide the agency with the basic data it needs to perform its safety mission efficiently or effectively. As noted above, FMCSA plans to eliminate the MCS-150A form and it no longer applies to this IC.

7. Special circumstances.

There are no special circumstances related to this information collection.

8. Compliance with 5 CFR 1320.8.

FMCSA issued a notice of proposed rulemaking (NPRM) entitled, “New Entrant Safety Assurance Process (at 71 FR 76730), dated December 21, 2006 (see Attachment K). The agency received five comments regarding this ICR in response to the NPRM regarding the proposed elimination of the Form MCS-150A. The purpose of the Form MCS-150A was for a new entrant to demonstrate how it is knowledgeable about the relevant regulations by certifying that it has a system in place to ensure compliance with the FMCSRs and applicable HMRs. However, based on the safety audits conducted to date, FMCSA determined that self-certification has not been an accurate indicator that a new entrant is knowledgeable of these requirements. Therefore, FMCSA will eliminate Form MCS-150A as a registration requirement. The Agency will improve its educational and technical assistance (ETA) materials for new entrants. By improving the ETA materials, the Agency is continuing its efforts towards making new entrants knowledgeable about applicable safety requirements. Meanwhile, the Agency will continue to confirm and enhance carrier knowledge of regulatory requirements during the safety audit. These comments will be addressed in the final rule.

9. Payment or gifts to respondents.

Respondents are not provided with any payment or gift for this information collection.

10. Assurance of confidentiality.

Respondents are assured by the FMCSA that the sensitive information collected on the Forms MCS-150 and MCS-150B will be kept confidential to the extent allowed by the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as amended. The information collected on the MCS-150 form includes the motor carrier’s name, location, type of operation, hazardous materials transported, number of vehicles and drivers, social security number, employee identification number, and the certification statement. The information collected on the MCS-150B form includes the motor carrier’s name, location, type of operation, hazardous material(s) transported, number of vehicles and drivers, social security number, employee identification number, and the company’s certification that they have a system to adequately communicate and/track shipments of specific hazardous materials. The MCS-150A form will be eliminated and no longer applies to this ICR.

11. Justification for collection of sensitive information.

There are no questions of a sensitive nature.

12. Estimates of burden hours for information requested.

The currently approved burden hours for this ICR are as follows:

IC-1: Form MCS-150, Motor Carrier Identification Report

The currently-approved annual burden hour estimates for this ICR are based on motor carrier applications data derived from FMCSA’s Motor Carrier Management Information System (MCMIS). FMCSA estimates that the respondents will complete the Form MCS-150 as follows: (1) 20 minutes for Adds (new motor carrier applicants); (2) 10 minutes for Biennial updates; and (3) 5 minutes for Changes/Edits.

MCS-150	Adds	Biennial Updates	Changes/Edits	Total Responses	Number of Companies
Interstate Carriers	53,060	199,130	171,700	423,890	271,970
Intrastate Hazmat Carriers	1,160	2,390	1,580	5,130	3,640
Intrastate Non-Hazmat Carriers	49,840	41,440	15,590	106,870	73,590
Other (Shipper & Registrants)	36,500	25,820	17,230	79,550	53,290
Total	140,560	268,780	206,100	615,440	402,490

Currently-Approved Estimated Total Annual Burden for IC-1: 108,825 hours [46,853 hours (140,560 adds/new forms x 20 minutes/60 minutes) to complete form + 44, 797 hours (268,780 biennial updates x 10 minutes/60 minutes) to complete biennial update + 17, 175 hours (206,100 changes x 5 minute/60 minutes) to complete a change request = 108,825].

Currently-Approved Estimated Annual Number of Respondents for IC-1: 402,490 motor carrier companies.

Currently-Approved Estimated Annual Number of Responses for IC-1: 615,440.

IC-2: Form MCS-150A, Safety Certification for Application for U.S. DOT Number

FMCSA estimates that the respondents will take 9 minutes to complete the Form MCS-150A and no time is needed for changes/edits.

Form	Adds	Changes/Edits	Number of Companies
MCS-150A	68,700	N/A	68,700

Currently-Approved Estimated Total Annual Burden for IC-2: 10,305 hours [68,700 adds x 9 minutes/60 minutes to complete form = 10,305].

Currently-Approved Estimated Annual Number of Respondents for IC-2: 68,700 motor carrier companies.

Currently-Approved Estimated Annual Number of Responses for IC-2: 68,700.

IC-3: Form MCS-150B, Combined Motor Carrier Identification Report and HM Permit Application

FMCSA estimates that the respondents will take the following times to complete the Form MCS-150B: (1) 6 minutes for Adds, and (2) 5 minutes for Changes/Edits.

Form	Adds	Changes/Edits	Total Responses	Number of Companies
MCS-150B	1,060	410	1,470	1,280

Currently, interstate motor carriers must complete the MCS-150 and will only incur an additional 6-minute burden to check off a few additional boxes on the MCS-150B form. It is estimated that the respondents will take 5 minutes on average to complete a change/edit request.

Currently-Approved Estimated Total Annual Burden for IC-3: 140 hours [106 hours (1,060 Adds x 6 minutes/60 minutes) to complete form + 34 hours (410 changes x 5 minutes/60 minutes) to complete a change request = 140].

Currently-Approved Estimated Annual Number of Respondents for IC-3: 1,280 motor carrier companies.

Currently-Approved Estimated Annual Number of Responses for IC-3: 1,470 hours [1,060 adds + 410 changes = 1,470].

Currently-Approved Estimated Total Annual Burden for ICR: 119,270 hours [108,825 hours for IC-1 + 10,305 hours for IC-2 + 140 hours for IC-3 = 119,270].

FINAL RULE BURDEN HOURS AFTER AGENCY’S ELIMINATION OF THE FORM MCS-150A:

The OMB Control Number 2126-0013 ICR is currently approved at 119, 270 annual burden hours and 472,470 annual respondents.

The New Entrant Safety Assurance Process final rule would eliminate the requirement for new entrants to complete the Form MCS-150A. The Agency’s elimination of the Form MCS-150A will be the only portion of the OMB-approved burden hours affected by this final rule. The FMCSA’s estimated annual paperwork burden for this IC after eliminating the information collection requirements for Form MCS-150A will be 108,965 burden hours [119,270 OMB-approved hours – 10,305 OMB-approved hours for Form MCS-150A = 108,965]. The estimated annual paperwork burden for the non-North America-domiciled motor carriers to complete the Form MCS-150 is 4 hours [12 non-North America-domiciled motor carriers filing Form MCS-150 x 20 minutes/60 minutes = 4]. The estimated paperwork burden for non-North America-domiciled motor carriers to file biennial updates is 1 hour [12 non-North America-domiciled motor carriers x 50 percent (.50) x 10 minutes/60 minutes = 1].

Burden Calculations After the Agency’s Elimination of Form MCS-150A

Item Pursuant to OMB Control No. 2126-0013	Burden Hours First Year	Burden Hours Subsequent Years	Respondents First Year	Respondents Subsequent Years
Currently-approved annual burden hours and respondents for Form MCS-150 (IC-1)	108,825	108,825	402,490	402,490
Currently-approved annual burden hours and respondents for Form MCS-150A (IC-2)	10,305	10,305	68,700	68,700
Currently-approved annual burden hours and respondents for Form MCS-150B (IC-3)	140	140	1,280	1,280
Current total burden hours for ICR	119,270	119,270	472,470	472,470
Proposed annual burden hours and respondents for Non-North America-domiciled motor carriers filings of Form MCS-150 (IC-1)/Adds and biennial updates due to New Entrants final rule	4	1	12	6
Currently-approved annual burden hours and respondents for Form MCS-150A (IC-2) that will be eliminated due to New Entrant final rule	-10,305	-10,305	-68,700	-68,700
Total burden after the New Entrant final rule is implemented	108,969	108,966	403,782	403,776

Estimate of Annual Burden Hours: 108,969 [119,270 approved burden hours for ICR– 10,305 approved burden hours for Form MCS-150A + 4 hours for non-North America-domiciled motor carriers = 108,969] for first year and 108,966 for subsequent years .

Estimate of Annual Respondent: 403,782 [472,470 approved number of respondents - 68,700 approved number of respondents for Form MCS-150A + 12 non-North America-domiciled motor carriers = 403,782] for first year and 403,776 for subsequent years.

Estimate of Annual Responses: 616,922 [685,610 approved number of responses - 68,700 approved number of responses for Form MCS-150A + 12 responses for non-North America-domiciled motor carriers = 616,922] for first year and 616,916 for subsequent years [616,922 first year responses – 6 responses for non-North America-domiciled motor carriers].

13. Estimate of total annual cost to respondents.

FMCSA anticipates that this final rule would not impose any new requirements on new entrants. The only truly new cost involved would be the cost to motor carriers of becoming aware of this regulation. The Agency estimates that it will take 3 hours for the Chief Safety Officer of each of the 40,000 new entrants to study the new materials and discern how to best comply with them at and hourly wage of $52.52. This translates into a cost of $6,302,400 annually [40,000 new entrants x 3 hours x $52.52 per hour = $6,302,400].

FMCSA also anticipates the elimination of the Form MCS-150A would save new entrants $102,000 annually in administrative cost [40,000 new entrants x 9 minutes/60 minutes x $17.00 per hour = $102,000].

Estimate of Total Annual Cost to Respondents: $6,200,400 [$6,302,400 motor carrier cost to become aware of regulation - $102,000 savings in administrative cost = $6,200,400 annual costs].

14. Estimate of cost to the Federal Government.

The final rule will eliminate the annual cost to the federal government for the Form MCS-150A currently-approved as follow:

IC-2, Form MCS-150A

Printing of pre-paid forms: 11,400 forms x $0.06 per form = $684

Postage for pre-paid forms: 11,400 forms x $0.41 per form = $4,674

Return postage: 11,400 forms x $0.41 per form = $4,674

Data entry for Form MCS-150A: 68,700 Adds x 8 minutes/60 minutes x $27.97 per hour = $256,114.

Note: FMCSA estimates that it will take 8 minutes to process a Form MCS-150 at an hourly rate of $27.97 for a clerk.

Estimated Annual Costs for IC-2: $266,146 [$684 printing of pre-paid forms + $4,674 postage for pre-paid forms + $4,674 return postage + $256,114 data entry = $266,146].

FINAL RULE COST TO FEDERAL GOVERNMENT AFTER AGENCY’S ELIMINATION OF THE FORM MCS-150A:

The FMCSA estimates that it takes a clerk 2 to 9 minutes per form to process a form at an hourly rate of $27.96. In addition, the Federal Government also pays printing and postage costs for pre-paid return forms.

Cost Calculations After Agency’s Elimination of the Form MCS-150A

ITEMS	IC-1 MCS-150	IC-3 MCS-150B	TOTAL
Printing of pre-paid forms	$ 684	$ 88	$ 772
Postage for pre-paid forms	4,788	613	5,401
Return postage	4,788	613	5,401
Data entry for Form MCS-150	1,756,598		1,756,598
Data entry for Form MCS-150B	-	6,519	6,519
Total Estimated Annual Costs	$1,766,858	$7,833	$1,774,691

IC-1, Form MCS-150

Printing of pre-paid forms: $684 [11,400 forms x $0.06 per form = $684].

Postage for pre-paid forms: $4,788 [11,400 forms x $0.42 per form = $4,788].

Return postage: $4,788 [11,400 forms x $0.42 per form = $4,788].

Data entry for Form MCS-150: $1,756,598 [524,052 (140,560 currently-approved Adds + 12 non-North America-domiciled motor carrier Adds x 8 minutes/60 minutes x $27.96 per hour) + 626,271 (268,780 currently-approved Biennial Updates + 6 non-North America-domiciled motor carriers biennial updates) x 5 minutes/60 minutes x $27.96 per hour) + 606,275 (650,510 currently-approved Changes/Edits x 2 minute/60 minutes x $27.96 per hour) = $1,756,598].

Note: FMCSA estimates that it will take 2 - 8 minutes to process a Form MCS-150.

Estimated Annual Costs for IC-1: $1,766,858 [$684 printing of pre-paid forms + $4,788 postage for pre-paid forms + $4,788 return postage + $1,756,598 data entry = $1,766,858].

IC-3, Form MCS-150B

Printing of pre-paid forms: $88 [1,460 forms x $0.06 per form = $88].

Postage for pre-paid forms: $613 [1,460 forms x $0.42 per form = $613].

Return postage: $613 [1,460 forms x $0.42 per form = $613].

Data entry for Form MCS-150: $6,519 [4,446 (1,060 Adds x 9 minutes/60 minutes x $27.96) + 2,056 (890 Changes/Edits x 5 minutes/60 minutes x $27.96 per hour) = $6,519].

Note: FMCSA estimates that it will take 5 - 9 minutes to process a Form MCS-150B Add or Change/Edit.

Estimated Annual Costs for IC-3: $7,833 [$88 printing of pre-paid forms + $613 postage for pre-paid forms + $613 return postage + $6,519 data entry =$7,805].

Estimated Total Annual Costs to Federal Government: $1,774,691 [$1,766,858 annual cost for IC-1 + $7,833 annual cost for IC-3 = $1,774,691].

15. Explanation of program changes or adjustments.

This program change resulted from the Agency’s elimination of the Form MCS-150A and the addition of the final rule’s requirement for non-North America-domiciled motor carriers to complete the Form MCS-150.

Program change decrease in estimated annual burden hours: -10,301 annual burden hours [119,270 OMB-approved annual burden hours for ICR -108,969 proposed hours = -10,301].

Program change increase in estimated costs to respondents: $6,200,400 [$6,302,400 motor carrier cost to become aware of regulation - $102,000 savings in administrative cost = $6,200,400 annual costs].

Program change decrease in estimated costs to Federal Government: $265,832 [$2,040,523 currently-approved estimated annual cost to Federal Government - $1,774,691 proposed annual cost to Federal Government = $265,832].

16. Publication of results of data collection.

Data provided by this information collection will not be published.

17. Approval for not displaying the expiration date for OMB approval.

The FMCSA is not seeking an exemption from displaying the expiration date for the Form MCS-150 and MCS-150B.

18. Exception to certification statement.

There are no exceptions to the certification statement.

Part B. Collections of Information Employing Statistical Methods.

This information collection does not employ statistical methods.

Attachments.

Attachment A: A final rule entitled, “New Entrant Safety Assurance Process” (73 FR 76472), dated December 16, 2008.

Attachment B: DOT Appropriations Act for fiscal year 2002, Public Law 107-87, 115 Stat. 833, December 18, 2001.

Attachment C: An interim final rule entitled, “New Entrant Safety Assurance Process” (at 67 FR 31978), dated May 13, 2002.

Attachment D: Title 49 CFR part 385.

Attachment E: A supplemental notice of proposed rulemaking entitled, “Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits” (at 68 FR 49737), dated August 19, 2003.

Attachment F: “A final rule entitled, “Federal Motor Carrier Safety Regulations: Hazardous Materials Safety Permits” (at 69 FR 39350), dated June 30, 2004.

Attachment G: The Government Paperwork Elimination Act (GPEA) (Public Law 105-277, 112 Stat. 2681 (October 21, 1998)).

Attachment H: The ICC Termination Act of 1995 (the ICCTA), Public Law 104-88, 109 Stat. 803, December 29, 1995.

Attachment I: An advance notice of proposed rulemaking entitled, “Motor Carrier Replacement Information/Registration System” (at 61 FR 43816), August 26, 1996.

Attachment J: A notice of proposed rulemaking entitled, “Unified Registration System” (at 70 FR 28990), May 19, 2005.

Attachment K: A notice of proposed rulemaking entitled, “New Entrant Safety Assurance Process” (at 71 FR 76730), dated December 21, 2006.

Forms: MCS-150 and MCS-150B (Form MCS-150A will be eliminated).

1 The number of intrastate carriers engaged in the transportation of hazardous materials increased from 797 to 992 because the final rule adopted a slightly revised statutory list (referred to as the Modified Statutory Option or expanded list) of additional explosive and toxic by inhalation (TIH) materials that reached certain quantities. Thus, the amount and types of HM and HM-permitted carriers regulated under the final rule’s permitting system is different from what we proposed in the SNPRM.

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