80 FR 30161 - Approval and Promulgation of Implementation Plans; Alaska
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 101 (May 27, 2015)
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30161-30163 | |
| FR Document | 2015-12655 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Rules and Regulations] [Pages 30161-30163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12655] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2014-0532; FRL-9928-17-Region 10] Approval and Promulgation of Implementation Plans; Alaska AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving revisions to the Alaska State Implementation Plan (SIP) submitted on July 1, 2014 and October 24, 2014. These revisions primarily update the adoption by reference of Federal regulations and definitions into the Alaska SIP. The revisions also clarify stationary source permitting rules governing owner-requested emission limits and revise the SIP to reflect the redesignation of the Eagle River area of Anchorage. Upon the effective date, the Alaska SIP will be updated to reflect recent Federal regulatory changes and actions. DATES: This final rule is effective on June 26, 2015. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA-R10-OAR-2014-0532. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, and Toxics, AWT-150, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kristin Hall at (206) 553-6357, [email protected], or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us'' or ``our'' is used, it is intended to refer to the EPA. Table of Contents I. Background II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background In a notice of proposed rulemaking published in the Federal Register at 80 FR 14038, March 18, 2015, the EPA proposed to approve and incorporate by reference revisions to the Alaska SIP submitted on July 1, 2014 and October 24, 2014. Please see our March 18, 2015, proposed rulemaking for further explanation and the basis for our finding. The public comment period for the proposal ended on April 17, 2015. We received a comment letter from the Alaska Department of Environmental Conservation, dated April 16, 2015, acknowledging our work and supporting the proposal. We received no other comments. II. Final Action The EPA is approving and incorporating by reference into the Alaska SIP changes to the following provisions submitted on July 1, 2014 and October 24, 2014:18 AAC 50.015 ``Air Quality Designations, Classifications, and Control Regions'' (State effective 10/6/2013); 18 AAC 50.040 ``Federal Standards Adopted by Reference'' (State effective 10/6/2013); 18 AAC 50.225 ``Owner-Requested Limits'' (State effective 10/6/2013); 18 AAC 50.260 ``Guidelines for Best Available Retrofit Technology under the Regional Haze Rule'' (State effective 10/6/2013); 18 AAC 50.502 ``Minor Permits for Air Quality Protection'' (State effective 11/9/2014); and 18 AAC 50.990 ``Definitions'' (State effective 11/9/2014). We note that this action does not address the submitted revisions related to Alaska's nonattainment NSR permitting program because we approved those changes on January 7, 2015 (80 FR 832). This action is being taken under section 110 and part C of title I of the CAA. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the provisions of 18 AAC 50 set forth below. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human [[Page 30162]] health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 27, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: May 7, 2015. Dennis J. McLerran, Regional Administrator, Region 10. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart C--Alaska 0 2. In section 52.70, the table in paragraph (c) is amended by revising entries 18 AAC 50.015, 18 AAC 50.040, 18 AAC 50.225, 18 AAC 50.260, 18 AAC 50.502, and 18 AAC 50.990 to read as follows: Sec. 52.70 Identification of plan. * * * * * (c) * * * EPA-Approved Alaska Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.015................. Air Quality 10/6/13 05/27/15 [Insert ..................... Designations, Federal Register Classifications, and citation]. Control Regions. * * * * * * * 18 AAC 50.040................. Federal Standards 11/9/14 1/7/15, 80 FR 832; 05/ except (a), (b), (c), Adopted by Reference. 10/6/13 27/15 [Insert (d), (e), (g), 12/3/05 Federal Register (h)(21), (j), and citation] 8/14/07, (k). 72 FR 45378. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 18 AAC 50 Article 2. Program Administration ---------------------------------------------------------------------------------------------------------------- * * * * * * * 18 AAC 50.225................. Owner-Requested 10/6/13 05/27/15 [Insert ..................... Limits. Federal Register citation]. * * * * * * * 18 AAC 50.260................. Guidelines for Best 10/6/13 05/27/15 [Insert ..................... Available Retrofit Federal Register Technology under the citation]. Regional Haze Rule. * * * * * * * ---------------------------------------------------------------------------------------------------------------- 18 AAC 50 Article 5. Minor Permits ---------------------------------------------------------------------------------------------------------------- 18 AAC 50.502................. Minor Permits for Air 11/9/14 05/27/15 [Insert ..................... Quality Protection. Federal Register citation]. [[Page 30163]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- 18 AAC 50 Article 9. General Provisions ---------------------------------------------------------------------------------------------------------------- 18 AAC 50.990................. Definitions.......... 11/9/14 1/7/15, 80 FR 832; 05/ ..................... 27/15 [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-12655 Filed 5-26-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations 30161
Dated: April 24, 2015. FOR FURTHER INFORMATION CONTACT: incorporation by reference. In
P.C. Schifflin, Kristin Hall at (206) 553–6357, accordance with requirements of 1 CFR
Captain, U.S. Coast Guard, Captain of the hall.kristin@epa.gov, or by using the 51.5, the EPA is finalizing the
Port New Orleans. above EPA, Region 10 address. incorporation by reference of the
[FR Doc. 2015–12735 Filed 5–26–15; 8:45 am] SUPPLEMENTARY INFORMATION: provisions of 18 AAC 50 set forth below.
BILLING CODE 9110–04–P Throughout this document wherever The EPA has made, and will continue
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is to make, these documents generally
intended to refer to the EPA. available electronically through
ENVIRONMENTAL PROTECTION www.regulations.gov and/or in hard
Table of Contents
AGENCY copy at the appropriate EPA office (see
I. Background the ADDRESSES section of this preamble
40 CFR Part 52 II. Final Action for more information).
III. Incorporation by Reference
[EPA–R10–OAR–2014–0532; FRL–9928–17– IV. Statutory and Executive Order Reviews IV. Statutory and Executive Order
Region 10] Reviews
I. Background
Approval and Promulgation of Under the CAA, the Administrator is
In a notice of proposed rulemaking
Implementation Plans; Alaska required to approve a SIP submission
published in the Federal Register at 80
that complies with the provisions of the
FR 14038, March 18, 2015, the EPA
AGENCY: Environmental Protection CAA and applicable Federal regulations.
proposed to approve and incorporate by
Agency. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
reference revisions to the Alaska SIP
ACTION: Final rule. Thus, in reviewing SIP submissions, the
submitted on July 1, 2014 and October
EPA’s role is to approve State choices,
24, 2014. Please see our March 18, 2015,
SUMMARY: The Environmental Protection provided that they meet the criteria of
proposed rulemaking for further
Agency (EPA) is approving revisions to the CAA. Accordingly, this action
explanation and the basis for our
the Alaska State Implementation Plan merely approves State law as meeting
finding. The public comment period for
(SIP) submitted on July 1, 2014 and Federal requirements and does not
the proposal ended on April 17, 2015.
October 24, 2014. These revisions impose additional requirements beyond
We received a comment letter from the
primarily update the adoption by Alaska Department of Environmental those imposed by State law. For that
reference of Federal regulations and Conservation, dated April 16, 2015, reason, this action:
definitions into the Alaska SIP. The • Is not a significant regulatory action
acknowledging our work and supporting
revisions also clarify stationary source subject to review by the Office of
the proposal. We received no other
permitting rules governing owner- comments. Management and Budget under
requested emission limits and revise the Executive Orders 12866 (58 FR 51735,
SIP to reflect the redesignation of the II. Final Action October 4, 1993) and 13563 (76 FR 3821,
Eagle River area of Anchorage. Upon the The EPA is approving and January 21, 2011);
effective date, the Alaska SIP will be incorporating by reference into the • does not impose an information
updated to reflect recent Federal Alaska SIP changes to the following collection burden under the provisions
regulatory changes and actions. provisions submitted on July 1, 2014 of the Paperwork Reduction Act (44
DATES: This final rule is effective on and October 24, 2014: U.S.C. 3501 et seq.);
June 26, 2015. • 18 AAC 50.015 ‘‘Air Quality • is certified as not having a
Designations, Classifications, and significant economic impact on a
ADDRESSES: The EPA has established a
Control Regions’’ (State effective 10/6/ substantial number of small entities
docket for this action under Docket under the Regulatory Flexibility Act (5
Identification No. EPA–R10–OAR– 2013);
2014–0532. All documents in the docket • 18 AAC 50.040 ‘‘Federal Standards U.S.C. 601 et seq.);
Adopted by Reference’’ (State effective • does not contain any unfunded
are listed on the http:// mandate or significantly or uniquely
www.regulations.gov Web site. Although 10/6/2013);
• 18 AAC 50.225 ‘‘Owner-Requested affect small governments, as described
listed in the index, some information in the Unfunded Mandates Reform Act
Limits’’ (State effective 10/6/2013);
may not be publicly available, i.e., • 18 AAC 50.260 ‘‘Guidelines for Best of 1995 (Pub. L. 104–4);
Confidential Business Information or Available Retrofit Technology under the • does not have Federalism
other information the disclosure of Regional Haze Rule’’ (State effective 10/ implications as specified in Executive
which is restricted by statute. Certain 6/2013); Order 13132 (64 FR 43255, August 10,
other material, such as copyrighted • 18 AAC 50.502 ‘‘Minor Permits for 1999);
material, is not placed on the Internet Air Quality Protection’’ (State effective • is not an economically significant
and will be publicly available only in 11/9/2014); and regulatory action based on health or
hard copy form. Publicly available • 18 AAC 50.990 ‘‘Definitions’’ (State safety risks subject to Executive Order
docket materials are available either effective 11/9/2014). 13045 (62 FR 19885, April 23, 1997);
electronically through http:// We note that this action does not • is not a significant regulatory action
www.regulations.gov or in hard copy at address the submitted revisions related subject to Executive Order 13211 (66 FR
EPA Region 10, Office of Air, Waste, to Alaska’s nonattainment NSR 28355, May 22, 2001);
and Toxics, AWT–150, 1200 Sixth permitting program because we • is not subject to requirements of
Avenue, Seattle, Washington 98101. The approved those changes on January 7, Section 12(d) of the National
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EPA requests that you contact the 2015 (80 FR 832). This action is being Technology Transfer and Advancement
person listed in the FOR FURTHER taken under section 110 and part C of Act of 1995 (15 U.S.C. 272 note) because
INFORMATION CONTACT section to title I of the CAA. this action does not involve technical
schedule your inspection. The Regional standards; and
Office’s official hours of business are III. Incorporation by Reference • does not provide the EPA with the
Monday through Friday, 8:30 a.m. to In this rule, the EPA is finalizing discretionary authority to address, as
4:30 p.m., excluding Federal holidays. regulatory text that includes appropriate, disproportionate human
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![30162 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
health or environmental effects, using publication of the rule in the Federal Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible Register. A major rule cannot take effect Dated: May 7, 2015.
methods, under Executive Order 12898 until 60 days after it is published in the Dennis J. McLerran,
(59 FR 7629, February 16, 1994). Federal Register. This action is not a
Regional Administrator, Region 10.
In addition, the SIP is not approved to ‘‘major rule’’ as defined by 5 U.S.C.
apply on any Indian reservation land or 804(2). 40 CFR part 52 is amended as follows:
in any other area where the EPA or an Under section 307(b)(1) of the CAA,
Indian Tribe has demonstrated that a petitions for judicial review of this PART 52—APPROVAL AND
Tribe has jurisdiction. In those areas of action must be filed in the United States PROMULGATION OF
Indian country, the rule does not have Court of Appeals for the appropriate IMPLEMENTATION PLANS
Tribal implications as specified by circuit by July 27, 2015. Filing a petition
Executive Order 13175 (65 FR 67249, for reconsideration by the Administrator ■ 1. The authority citation for part 52
November 9, 2000). of this final rule does not affect the continues to read as follows:
The Congressional Review Act, 5 finality of this action for the purposes of
U.S.C. 801 et seq., as added by the Small judicial review nor does it extend the Authority: 42 U.S.C. 7401 et seq.
Business Regulatory Enforcement time within which a petition for judicial
Fairness Act of 1996, generally provides review may be filed, and shall not Subpart C—Alaska
that before a rule may take effect, the postpone the effectiveness of such rule
agency promulgating the rule must or action. This action may not be ■ 2. In section 52.70, the table in
submit a rule report, which includes a challenged later in proceedings to paragraph (c) is amended by revising
copy of the rule, to each House of the enforce its requirements. (See section entries 18 AAC 50.015, 18 AAC 50.040,
Congress and to the Comptroller General 307(b)(2)). 18 AAC 50.225, 18 AAC 50.260, 18 AAC
of the United States. The EPA will 50.502, and 18 AAC 50.990 to read as
submit a report containing this action List of Subjects in 40 CFR Part 52 follows:
and other required information to the Environmental protection, Air § 52.70 Identification of plan.
U.S. Senate, the U.S. House of pollution control, Incorporation by
Representatives, and the Comptroller reference, Particulate matter, Reporting * * * * *
General of the United States prior to and recordkeeping requirements. (c) * * *
EPA-APPROVED ALASKA REGULATIONS AND STATUTES
State
State citation Title/subject effective EPA approval date Explanations
date
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
* * * * * * *
18 AAC 50.015 ....... Air Quality Designations, Classi- 10/6/13 05/27/15 [Insert Federal Register
fications, and Control Regions. citation].
* * * * * * *
18 AAC 50.040 ....... Federal Standards Adopted by 11/9/14 1/7/15, 80 FR 832; 05/27/15 [In- except (a), (b), (c), (d), (e), (g),
Reference. 10/6/13 sert Federal Register citation] (h)(21), (j), and (k).
12/3/05 8/14/07, 72 FR 45378.
* * * * * * *
18 AAC 50 Article 2. Program Administration
* * * * * * *
18 AAC 50.225 ....... Owner-Requested Limits .............. 10/6/13 05/27/15 [Insert Federal Register
citation].
* * * * * * *
18 AAC 50.260 ....... Guidelines for Best Available Ret- 10/6/13 05/27/15 [Insert Federal Register
rofit Technology under the Re- citation].
gional Haze Rule.
* * * * * * *
18 AAC 50 Article 5. Minor Permits
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18 AAC 50.502 ....... Minor Permits for Air Quality Pro- 11/9/14 05/27/15 [Insert Federal Register
tection. citation].
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued
State
State citation Title/subject effective EPA approval date Explanations
date
* * * * * * *
18 AAC 50 Article 9. General Provisions
18 AAC 50.990 ....... Definitions ..................................... 11/9/14 1/7/15, 80 FR 832; 05/27/15 [In-
sert Federal Register citation].
* * * * * * *
* * * * * Secretary of Transportation to set The customized motorcoaches
[FR Doc. 2015–12655 Filed 5–26–15; 8:45 am] minimum standards for the CDL. The described by the ABA are Group B
BILLING CODE 6560–50–P Administrator of FMCSA has been Heavy Straight Vehicles, within the
delegated the authority to carry out the CMV definition under § 383.5 and under
functions vested in the Secretary by the § 383.91 concerning endorsements.
DEPARTMENT OF TRANSPORTATION CMVSA (49 Code of Federal Regulations They are used in commerce to transport
[CFR] 1.87(e)(1)). passengers, and have GVWRs and GVWs
Federal Motor Carrier Safety Parts 383 and 384 of Title 49, CFR, of 26,001 pounds or more. Section
Administration implement the CMVSA requirements. 383.93(b)(2) requires CDL holders who
Part 383 prohibits any person who does operate or expect to operate ‘‘passenger
49 CFR Part 383 not hold a valid CDL or commercial vehicles’’ to obtain a passenger
learner’s permit (CLP) issued by his/her endorsement requiring a knowledge and
Commercial Driver’s License State of domicile from operating a skills test (§ 383.93(c)(2)). Neither these
Standards; Regulatory Guidance commercial motor vehicle (CMV) that sections nor the passenger endorsement
Concerning the Passenger requires a driver with a CDL. This provisions in § 383.117 specifies a
Endorsement Requirements regulatory guidance is based on that minimum number of passengers needed
authority and is intended to ensure that to trigger the endorsement requirement.
AGENCY: Federal Motor Carrier Safety
CDL holders obtain the proper Drivers of the customized motorcoaches
Administration (FMCSA), DOT.
endorsements before operating a CMV. used by the entertainment industry,
ACTION: Notice of regulatory guidance.
II. Background which are designed or used to transport
SUMMARY: FMCSA responds to a between 10 and 12 passengers,
The American Bus Association (ABA) including the driver, are therefore
question whether a commercial driver’s
asked if drivers of certain custom required to have a CDL with a passenger
license (CDL) passenger endorsement is
motorcoaches require passenger endorsement.
required for drivers of certain custom
endorsements. These motorcoaches are
motorcoaches designed or used to It should be noted that FMCSA and its
used primarily to transport entertainers
transport fewer than 16 passengers, predecessor agency, the Federal
to performance venues throughout the
including the driver. The guidance Highway Administration, have held for
United States. Because these vehicles
explains that a passenger endorsement more than 20 years that drivers of
have gross vehicle weights (GVWs) and
is required because the vehicle is recreational vehicles used strictly for
gross vehicle weight ratings (GVWRs)
intended to transport passengers rather non-commercial purposes are not
greater than 26,000 pounds, the driver
than cargo. required to obtain a CDL [Question 3
must have a CDL. However, the vehicles
DATES: This guidance is effective May are not designed or used to transport 16 under § 383.3, 58 FR 60734, 60735,
27, 2015. or more passengers. Each vehicle begins November 17, 1993; available on the
FOR FURTHER INFORMATION CONTACT: Mr. as a motorcoach chassis and body shell Agency’s Web site: www.fmcsa.dot.gov].
Selden Fritschner, Chief, Commercial which is then customized by a second- Such vehicles are not ‘‘used in
Driver’s License Division, Office of stage manufacturer that installs beds, commerce’’ in the sense intended by the
Safety Programs, Federal Motor Carrier couches, sinks, kitchen cabinets, and definition of ‘‘commercial motor
Safety Administration, 1200 New Jersey other furnishings. ABA notes that the vehicle’’ in 49 U.S.C. 31301(4) and 49
Avenue SE., Washington, DC 20590– maximum passenger capacity of these CFR 383.5. Today’s regulatory guidance
0001. Telephone (202) 366–0677 or vehicles is approximately 10–12 is therefore limited to the issue of the
Selden.Fritschner@dot.gov. Office hours persons, plus the driver. The ABA asked passenger endorsement for individuals
are from 8:00 a.m. to 4:30 p.m., Monday whether the drivers must have who are already required to possess a
through Friday, except Federal holidays. passenger endorsements on their CDLs. CDL.
If you have questions on the docket, call ABA estimates that approximately 1,000 IV. FMCSA Decision
Ms. Barbara Hairston, Docket entertainer motorcoaches are currently
Operations, telephone 202–366–3024. in operation. In consideration of the above, FMCSA
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SUPPLEMENTARY INFORMATION: has determined that the requirements
III. Applicable Regulations under 49 CFR part 383 require CDL-
I. Legal Basis The CDL rules in 49 CFR 383.23(a) holders to have a passenger
The CDL program was established by require individuals to pass written and endorsement when operating a vehicle
the Commercial Motor Vehicle Safety driving tests for a CLP or CDL to operate that exceeds the 26,000-pound
Act of 1986 (CMVSA) (49 U.S.C. chapter commercial motor vehicles (CMVs). threshold, and is designed to transport
313). The CMVSA authorizes the Section 383.5 defines a CMV. passengers rather than property. FMCSA
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Document Created: 2015-12-15 15:35:32
Document Modified: 2015-12-15 15:35:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 26, 2015. | |
| Contact | Kristin Hall at (206) 553-6357, | |
| FR Citation | 80 FR 30161 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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