80 FR 37553 - Lease and Interchange of Vehicles; Motor Carriers of Passengers
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 126 (July 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37553-37554 | |
| FR Document | 2015-16111 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Rules and Regulations] [Pages 37553-37554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16111] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 390 [Docket No. FMCSA-2012-0103] RIN 2126-AB44 Lease and Interchange of Vehicles; Motor Carriers of Passengers AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Extension of deadline for filing petitions for reconsideration. ----------------------------------------------------------------------- SUMMARY: FMCSA announces an extension of the deadline for submitting petitions for reconsideration of its May 27, 2015, final rule concerning the lease and interchange of commercial motor vehicles (CMVs) by motor carriers of passengers. The final rule provides regulations governing the lease and interchange of passenger-carrying CMVs to identify the motor carrier operating a passenger-carrying CMV that is responsible for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers. The American Bus Association (ABA) and United Motorcoach Association (UMA) filed a joint request for an extension of the June 26, 2015, deadline for the submission of petitions for reconsideration of the final rule. The Agency grants the request and extends the deadline for submission of petitions for reconsideration from June 26 until August 25, 2015. DATES: Petitions for reconsideration must be filed in accordance with 49 CFR 389.35 by close of business on August 25, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 385-2428, [email protected], Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background On May 27, 2015 (80 FR 30164), FMCSA published a final rule concerning the lease and interchange of passenger-carrying CMVs to identify the motor carrier operating a passenger-carrying CMV that is responsible for compliance with the FMCSRs and ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and [[Page 37554]] drivers. The Agency indicated that the final rule is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by entering into a questionable lease arrangement to operate under the authority of another carrier that exercises no actual control over those operations. This rule will enable the FMCSA, the National Transportation Safety Board (NTSB), and our Federal and State partners to identify motor carriers transporting passengers in interstate commerce and correctly assign responsibility to these entities for regulatory violations during inspections, compliance investigations, and crash investigations. It also provides the general public with the means to identify the responsible motor carrier at the time transportation services are provided. The effective date of the final rule is July 27, 2015, and the compliance date is January 1, 2017, for motor carriers of passengers operating CMVs under a lease or interchange agreement. ABA and UMA Request On June 18, the ABA and UMA submitted a joint request for a 60-day extension of the deadline for petitions for reconsideration of the final rule. The associations stated: ``In the wake of publication of the Final Rule, our members have raised a number of significant questions regarding the practical and operational applications of the rule's requirements necessary for the successful implementation of the rule. The diversity or our [members'] operations, some of which are addressed directly by this rule and some of which are indirectly addressed, we believe, has led to unintended consequences or possibly inaccurate interpretations. Therefore, before we consider filing a petition for reconsideration, we initially would like to work with the Agency and seek clarification.'' The associations indicated that they are currently in the process of coordinating meetings with FMCSA to provide clarification of the various provisions in the final rule but those meetings are not likely to be completed before the June 26, 2015, deadline for petitions for reconsideration. FMCSA Decision FMCSA has considered the ABA and UMA request and believes that granting an extension of the deadline is appropriate. The extension will enable the associations to work with their members to better understand the final rule, seek clarification or guidance from FMCSA if necessary, and determine subsequently whether there are indeed substantive issues to be addressed through a petition for reconsideration. The Agency extends the deadline for submission for an additional 60 days to August 25, 2015. Issued on: June 24, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015-16111 Filed 6-26-15; 4:15 pm] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations 37553
obtain the full three year approval Congressionally-mandated provisions DEPARTMENT OF TRANSPORTATION
pursuant to FCC 14–117. These revised related to the owners.
information collection requirements, Federal Motor Carrier Safety
Sections 17.48 and 17.49 contain
which implement and enforce the Administration
reporting and recordkeeping
updated antenna structure notice, requirements. Section 17.48(a) required
registration, reporting, and 49 CFR Part 390
that antenna structure owners promptly
recordkeeping requirements of part 17 [Docket No. FMCSA–2012–0103]
report outages of top steady burning
of the Commission’s rules, help improve
efficiency, reduce regulatory burdens, lights or flashing antenna structure RIN 2126–AB44
and enhance compliance with antenna lights to the FAA. Upon receipt of the
structure painting and lighting outage notification, the FAA issues a Lease and Interchange of Vehicles;
requirements, while continuing to Notice to Airmen (NOTAM), which Motor Carriers of Passengers
ensure the safety of pilots and aircraft notifies aircraft of the outage. However, AGENCY: Federal Motor Carrier Safety
passengers nationwide. The revised the FAA cancels all such notices within Administration (FMCSA), DOT.
information collection requirements are 15 days. Previously, the Commission’s
ACTION: Extension of deadline for filing
as follows: rules did not require antenna structure petitions for reconsideration.
Section 17.4 provides that the owner owners to provide any notification to
of any proposed or existing antenna the FAA regarding the status of repairs SUMMARY: FMCSA announces an
structure that requires notice of other than the initial outage report and extension of the deadline for submitting
proposed construction to the Federal the resumption of normal operation. petitions for reconsideration of its May
Aviation Administration (FAA) due to Thus, if the repairs to an antenna 27, 2015, final rule concerning the lease
physical obstruction must register the structure’s lights required more than 15 and interchange of commercial motor
structure with the Commission. Section days, the FAA may not have had any vehicles (CMVs) by motor carriers of
17.4(f) previously required antenna record of the outage from that 15th day passengers. The final rule provides
structure owners ‘‘to immediately to the resumption of normal operation. regulations governing the lease and
provide a copy’’ of the antenna structure interchange of passenger-carrying CMVs
This rule has been revised to require to identify the motor carrier operating a
registration to each tenant. This rule has antenna structure owners to provide the
been revised so that it now requires that passenger-carrying CMV that is
FAA with regular updates on the status responsible for compliance with the
antenna structure owners either provide
of their repairs of lighting outages so Federal Motor Carrier Safety
a copy or a link to the FCC antenna
structure Web site, and that this that the FAA can maintain notifications Regulations (FMCSRs) and ensure that a
notification may be done electronically to aircraft throughout the entire period lessor surrenders control of the CMV for
or via paper mail. of time the antenna structure remains the full term of the lease or temporary
Section 17.4(g) previously required unlit. Consistent with the current FAA exchange of CMVs and drivers. The
antenna structure owners to display the requirements, if a lighting outage cannot American Bus Association (ABA) and
Antenna Structure Registration Number be repaired within the FAA’s original United Motorcoach Association (UMA)
a conspicuous place that is readily NOTAM period, the revised rule filed a joint request for an extension of
visible near the base of the antenna. requires the antenna structure owner to the June 26, 2015, deadline for the
This rule has been revised to require notify the FAA of that fact. In addition, submission of petitions for
that the Antenna Structure Number be the revised rule provides that the reconsideration of the final rule. The
displayed so that it is conspicuously antenna structure owner must provide Agency grants the request and extends
visible and legible from the publicly any needed updates to its estimated the deadline for submission of petitions
accessible area nearest the base of the return-to-service date to the FAA. The for reconsideration from June 26 until
antenna structure along the publicly revised rule also requires antenna August 25, 2015.
accessible roadway or path. It has also structure owners to continue to provide DATES: Petitions for reconsideration
been revised to provide that where an these updates to the FAA every NOTAM must be filed in accordance with 49 CFR
antenna structure is surrounded by a period until its lights are repaired. 389.35 by close of business on August
perimeter fence, or where the point of 25, 2015.
Section 17.49 previously required
access includes an access gate, the FOR FURTHER INFORMATION CONTACT: Ms.
antenna structure owners to maintain a
Antenna Structure Registration Number Loretta Bitner, (202) 385–2428,
record of observed or otherwise known
should be posted on the perimeter fence loretta.bitner@dot.gov, Office of
or access gate. Where multiple antenna extinguishments or improper
Enforcement and Compliance. FMCSA
structures having separate Antenna functioning of structure lights, but did office hours are from 9 a.m. to 5 p.m.,
Structure Registration Numbers are not specify the time period for which Monday through Friday, except Federal
located within a single fenced area, the such records must be maintained. This holidays.
revised rule provides that the Antenna rule has been revised to require antenna SUPPLEMENTARY INFORMATION:
Structure Registration Numbers must be structure owners to maintain a record of
posted both on the perimeter fence or observed or otherwise known Background
access gate and near the base of each extinguishments or improper On May 27, 2015 (80 FR 30164),
antenna structure. If the base of the functioning of structure lights for two FMCSA published a final rule
antenna structure has more than one years and provide the records to the concerning the lease and interchange of
point of access, the revised rule requires Commission upon request. passenger-carrying CMVs to identify the
tkelley on DSK3SPTVN1PROD with RULES
that the Antenna Structure Registration Federal Communications Commission. motor carrier operating a passenger-
Number be posted so that it is visible at carrying CMV that is responsible for
Marlene H. Dortch,
the publicly accessible area nearest each compliance with the FMCSRs and
such point of access. The registration Secretary, Office of the Secretary. ensure that a lessor surrenders control
number is issued to identify antenna [FR Doc. 2015–16100 Filed 6–30–15; 8:45 am] of the CMV for the full term of the lease
structure owners in order to enforce the BILLING CODE 6712–01–P or temporary exchange of CMVs and
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![37554 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
drivers. The Agency indicated that the passengers operating CMVs under a provide clarification of the various
final rule is necessary to ensure that lease or interchange agreement. provisions in the final rule but those
unsafe passenger carriers cannot evade meetings are not likely to be completed
ABA and UMA Request
FMCSA oversight and enforcement by before the June 26, 2015, deadline for
entering into a questionable lease On June 18, the ABA and UMA petitions for reconsideration.
arrangement to operate under the submitted a joint request for a 60-day FMCSA Decision
authority of another carrier that extension of the deadline for petitions
exercises no actual control over those for reconsideration of the final rule. The FMCSA has considered the ABA and
operations. This rule will enable the associations stated: UMA request and believes that granting
an extension of the deadline is
FMCSA, the National Transportation ‘‘In the wake of publication of the Final
Rule, our members have raised a number of appropriate. The extension will enable
Safety Board (NTSB), and our Federal
significant questions regarding the practical the associations to work with their
and State partners to identify motor
and operational applications of the rule’s members to better understand the final
carriers transporting passengers in rule, seek clarification or guidance from
requirements necessary for the successful
interstate commerce and correctly implementation of the rule. FMCSA if necessary, and determine
assign responsibility to these entities for The diversity or our [members’] operations, subsequently whether there are indeed
regulatory violations during inspections, some of which are addressed directly by this substantive issues to be addressed
compliance investigations, and crash rule and some of which are indirectly through a petition for reconsideration.
investigations. It also provides the addressed, we believe, has led to unintended The Agency extends the deadline for
general public with the means to consequences or possibly inaccurate
interpretations. Therefore, before we consider
submission for an additional 60 days to
identify the responsible motor carrier at filing a petition for reconsideration, we August 25, 2015.
the time transportation services are initially would like to work with the Agency Issued on: June 24, 2015.
provided. and seek clarification.’’ T.F. Scott Darling, III,
The effective date of the final rule is The associations indicated that they Chief Counsel.
July 27, 2015, and the compliance date are currently in the process of [FR Doc. 2015–16111 Filed 6–26–15; 4:15 pm]
is January 1, 2017, for motor carriers of coordinating meetings with FMCSA to BILLING CODE 4910–EX–P
tkelley on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014 17:34 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\01JYR1.SGM 01JYR1](https://thefederalregister.org/doc/80_FR_37679/page/2.svg)
Document Created: 2015-12-15 13:18:54
Document Modified: 2015-12-15 13:18:54
| 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 | Extension of deadline for filing petitions for reconsideration. | |
| Dates | Petitions for reconsideration must be filed in accordance with 49 CFR 389.35 by close of business on August 25, 2015. | |
| Contact | Ms. Loretta Bitner, (202) 385-2428, [email protected], Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 37553 | |
| RIN Number | 2126-AB44 |
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