80 FR 30163 - Commercial Driver's License Standards; Regulatory Guidance Concerning the Passenger Endorsement Requirements
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 101 (May 27, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30163-30164 | |
| FR Document | 2015-12641 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Rules and Regulations] [Pages 30163-30164] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12641] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 383 Commercial Driver's License Standards; Regulatory Guidance Concerning the Passenger Endorsement Requirements AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of regulatory guidance. ----------------------------------------------------------------------- SUMMARY: FMCSA responds to a question whether a commercial driver's license (CDL) passenger endorsement is required for drivers of certain custom motorcoaches designed or used to transport fewer than 16 passengers, including the driver. The guidance explains that a passenger endorsement is required because the vehicle is intended to transport passengers rather than cargo. DATES: This guidance is effective May 27, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Chief, Commercial Driver's License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Telephone (202) 366-0677 or Selden.Fritschner@dot.gov. Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. If you have questions on the docket, call Ms. Barbara Hairston, Docket Operations, telephone 202-366-3024. SUPPLEMENTARY INFORMATION: I. Legal Basis The CDL program was established by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. chapter 313). The CMVSA authorizes the Secretary of Transportation to set minimum standards for the CDL. The Administrator of FMCSA has been delegated the authority to carry out the functions vested in the Secretary by the CMVSA (49 Code of Federal Regulations [CFR] 1.87(e)(1)). Parts 383 and 384 of Title 49, CFR, implement the CMVSA requirements. Part 383 prohibits any person who does not hold a valid CDL or commercial learner's permit (CLP) issued by his/her State of domicile from operating a commercial motor vehicle (CMV) that requires a driver with a CDL. This regulatory guidance is based on that authority and is intended to ensure that CDL holders obtain the proper endorsements before operating a CMV. II. Background The American Bus Association (ABA) asked if drivers of certain custom motorcoaches require passenger endorsements. These motorcoaches are used primarily to transport entertainers to performance venues throughout the United States. Because these vehicles have gross vehicle weights (GVWs) and gross vehicle weight ratings (GVWRs) greater than 26,000 pounds, the driver must have a CDL. However, the vehicles are not designed or used to transport 16 or more passengers. Each vehicle begins as a motorcoach chassis and body shell which is then customized by a second-stage manufacturer that installs beds, couches, sinks, kitchen cabinets, and other furnishings. ABA notes that the maximum passenger capacity of these vehicles is approximately 10-12 persons, plus the driver. The ABA asked whether the drivers must have passenger endorsements on their CDLs. ABA estimates that approximately 1,000 entertainer motorcoaches are currently in operation. III. Applicable Regulations The CDL rules in 49 CFR 383.23(a) require individuals to pass written and driving tests for a CLP or CDL to operate commercial motor vehicles (CMVs). Section 383.5 defines a CMV. The customized motorcoaches described by the ABA are Group B Heavy Straight Vehicles, within the CMV definition under Sec. 383.5 and under Sec. 383.91 concerning endorsements. They are used in commerce to transport passengers, and have GVWRs and GVWs of 26,001 pounds or more. Section 383.93(b)(2) requires CDL holders who operate or expect to operate ``passenger vehicles'' to obtain a passenger endorsement requiring a knowledge and skills test (Sec. 383.93(c)(2)). Neither these sections nor the passenger endorsement provisions in Sec. 383.117 specifies a minimum number of passengers needed to trigger the endorsement requirement. Drivers of the customized motorcoaches used by the entertainment industry, which are designed or used to transport between 10 and 12 passengers, including the driver, are therefore required to have a CDL with a passenger endorsement. It should be noted that FMCSA and its predecessor agency, the Federal Highway Administration, have held for more than 20 years that drivers of recreational vehicles used strictly for non-commercial purposes are not required to obtain a CDL [Question 3 under Sec. 383.3, 58 FR 60734, 60735, November 17, 1993; available on the Agency's Web site: www.fmcsa.dot.gov]. Such vehicles are not ``used in commerce'' in the sense intended by the definition of ``commercial motor vehicle'' in 49 U.S.C. 31301(4) and 49 CFR 383.5. Today's regulatory guidance is therefore limited to the issue of the passenger endorsement for individuals who are already required to possess a CDL. IV. FMCSA Decision In consideration of the above, FMCSA has determined that the requirements under 49 CFR part 383 require CDL-holders to have a passenger endorsement when operating a vehicle that exceeds the 26,000- pound threshold, and is designed to transport passengers rather than property. FMCSA [[Page 30164]] therefore includes the following as new Guidance to 49 CFR 383.93: Commercial Driver's License Standards, Endorsements; Regulatory Guidance for 49 CFR 383.93 Question 15: Is a person who operates a custom motorcoach in commerce with a gross vehicle weight rating or gross vehicle weight greater than 26,001 pounds required to have a passenger endorsement for his or her CDL if the vehicle is designed or used to transport less than 16 passengers, including the driver? Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B) under 49 CFR 383.91 that is designed to transport passengers in commerce. The driver is, therefore, required by Sec. 383.93(b)(2) to have a passenger endorsement. Issued on: May 18, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-12641 Filed 5-26-15; 8:45 am] BILLING CODE 4910-EX-P
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EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued
State
State citation Title/subject effective EPA approval date Explanations
date
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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].
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* * * * * 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
mstockstill on DSK4VPTVN1PROD with RULES
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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![30164 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
therefore includes the following as new passengers in interstate commerce and Lease Preparation Information Collection
Guidance to 49 CFR 383.93: correctly assign responsibility to these Analysis
entities for regulatory violations during Passenger-Carrying CMV Marking
Commercial Driver’s License Standards, Information Collection Analysis
inspections, compliance investigations,
Endorsements; Regulatory Guidance for K. National Environmental Policy Act and
and crash investigations. It also Clean Air Act
49 CFR 383.93
provides the general public with the L. Executive Order 13211 (Energy Effects)
Question 15: Is a person who operates means to identify the responsible motor The Final Rule
a custom motorcoach in commerce with carrier at the time transportation
a gross vehicle weight rating or gross I. Acronyms and Abbreviations
services are provided.
vehicle weight greater than 26,001 DATES: Effective date: July 27, 2015. 1935 Act Motor Carrier Act of 1935
pounds required to have a passenger Compliance date: Motor carriers of 1984 Act Motor Carrier Safety Act of 1984
endorsement for his or her CDL if the Advocates Advocates for Highway and
passengers operating CMVs under a Auto Safety
vehicle is designed or used to transport lease or interchange agreement are
less than 16 passengers, including the ABA American Bus Association
subject to this rule on or after January BASICs Behavioral Analysis and Safety
driver? 1, 2017. Improvement Categories
Guidance: Yes. The motorcoach is a CDL Commercial Driver’s License
Petitions for reconsideration must be
Heavy Straight Vehicle (Group B) under CMV Commercial Motor Vehicle
received by June 26, 2015 and must be
49 CFR 383.91 that is designed to CSA Compliance, Safety, Accountability
filed in accordance with 49 CFR 389.35.
transport passengers in commerce. The DOT United States Department of
driver is, therefore, required by FOR FURTHER INFORMATION CONTACT: Ms. Transportation
§ 383.93(b)(2) to have a passenger Loretta Bitner, (202) 366–2400, FMCSA Federal Motor Carrier Safety
endorsement. loretta.bitner@dot.gov, Office of Administration
Enforcement and Compliance. FMCSA FMCSRs Federal Motor Carrier Safety
Issued on: May 18, 2015. office hours are from 9 a.m. to 5 p.m., Regulations, 49 CFR parts 350 through 399
T.F. Scott Darling, III, Monday through Friday, except Federal FR Federal Register
Chief Counsel. FRFA Final Regulatory Flexibility Analysis
holidays.
Gobbell Gobbell Transportation Services
[FR Doc. 2015–12641 Filed 5–26–15; 8:45 am] SUPPLEMENTARY INFORMATION: LLCs Limited Liability Companies
BILLING CODE 4910–EX–P MCMIS Motor Carrier Management
Table of Contents Information System
I. Acronyms and Abbreviations MCSAP Motor Carrier Safety Assistance
DEPARTMENT OF TRANSPORTATION II. Executive Summary Program
A. Purpose of the Final Rule MAP–21 Moving Ahead for Progress in the
Federal Motor Carrier Safety B. Summary of the Major Provisions 21st Century Act
Administration C. Costs and Benefits NPRM Notice of Proposed Rulemaking
III. Legal Basis for the Rulemaking NTSB National Transportation Safety Board
IV. Proposal OMB Office of Management and Budget
49 CFR Part 390 OOIDA Owner-Operator Independent
V. Discussion of Comments to NPRM
[Docket No. FMCSA–2012–0103] Impact on Safety Drivers Association
Exception for Replacement Vehicles OOS Out of Service
RIN 2126–AB44 Financial v. Operational Leases PRA Paperwork Reduction Act of 1995
Revenue Pooling Agreements QALY Quality-Adjusted Life-Year
Lease and Interchange of Vehicles; Cost of the Rule RFA Regulatory Flexibility Act
Motor Carriers of Passengers Common Ownership and Control SMS Safety Measurement System
Passenger Carriers Chartering Other SBA Small Business Administration
AGENCY: Federal Motor Carrier Safety STB Surface Transportation Board
Passenger Carriers
Administration (FMCSA), DOT. UMA United Motorcoach Association
Penalties
ACTION: Final rule. Lease Disclosure on Tickets VSL Value of a Statistical Life
Out-of-Service Carriers VMT Vehicle Miles Traveled
SUMMARY: FMCSA adopts regulations Miscellaneous Comments VIN Vehicle Identification Number
governing the lease and interchange of MCSAP State Enforcement Plans
passenger-carrying commercial motor II. Executive Summary
VI. Section-By-Section Description of Final
vehicles (CMVs) to: Identify the motor Rule A. Purpose of the Final Rule
carrier operating a passenger-carrying VII. Regulatory Analyses
A. Regulatory Planning and Review
FMCSA adopts regulations governing
CMV that is responsible for compliance
Passenger Carriers Subject to This Final the lease and interchange of passenger-
with the Federal Motor Carrier Safety
Rule carrying CMVs to ensure that passenger
Regulations (FMCSRs); and ensure that
Estimated Costs of the Final Rule carriers cannot evade FMCSA oversight
a lessor surrenders control of the CMV
Estimated Benefits and Threshold Analysis and enforcement by entering into
for the full term of the lease or Results questionable lease arrangements to
temporary exchange of CMVs and B. Regulatory Flexibility Act operate under the authority 1 of another
drivers. This action is necessary to Assistance for Small Entities carrier that exercises no actual control
ensure that unsafe passenger carriers C. Federalism (Executive Order 13132) over these operations. The rule is based
cannot evade FMCSA oversight and D. Unfunded Mandates Reform Act of 1995
on the broad authority of the Motor
enforcement by entering into a E. Executive Order 12988 (Civil Justice
Reform) Carrier Safety Act of 1984 as amended
questionable lease arrangement to
mstockstill on DSK4VPTVN1PROD with RULES
operate under the authority of another F. Executive Order 13045 (Protection of
1 While this statement refers to the operating
carrier that exercises no actual control Children)
G. Executive Order 12630 (Taking of authority issued to for-hire motor carriers by
over those operations. This rule will Private Property)
FMCSA, the rule would also apply to private
enable the FMCSA, the National carriers, which are not required to have operating
H. Privacy Impact Assessment authority. If a private carrier leased a bus from
Transportation Safety Board (NTSB), I. Executive Order 12372 another private carrier, the parties would be
and our Federal and State partners to (Intergovernmental Review) required to complete a lease, and the lessee would
identify motor carriers transporting J. Paperwork Reduction Act be responsible for safety and regulatory compliance.
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Document Created: 2015-12-15 15:35:25
Document Modified: 2015-12-15 15:35:25
| 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 | Notice of regulatory guidance. | |
| Dates | This guidance is effective May 27, 2015. | |
| Contact | Mr. Selden Fritschner, Chief, Commercial Driver's License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Telephone (202) 366-0677 or [email protected] Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. If you have questions on the docket, call Ms. Barbara Hairston, Docket Operations, telephone 202-366-3024. | |
| FR Citation | 80 FR 30163 |
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