81_FR_66430 81 FR 66243 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

81 FR 66243 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 187 (September 27, 2016)

Page Range66243-66244
FR Document2016-23253

FMCSA announces it will hold a roundtable discussion on October 31, 2016, as a follow-up to its August 31, 2016, notice of intent concerning the petitions for reconsideration of the final rule, titled ``Lease and Interchange of Vehicles; Motor Carriers of Passengers,'' which published May 27, 2015. The meeting will be open to the public. Individuals with diverse experience, expertise, and perspectives are encouraged to attend. If all comments have been exhausted before the end of the session, the session may conclude early.

Federal Register, Volume 81 Issue 187 (Tuesday, September 27, 2016)
[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Proposed Rules]
[Pages 66243-66244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23253]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AB90


Lease and Interchange of Vehicles; Motor Carriers of Passengers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of meeting; request for comment.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces it will hold a roundtable discussion on 
October 31, 2016, as a follow-up to its August 31, 2016, notice of 
intent concerning the petitions for reconsideration of the final rule, 
titled ``Lease and Interchange of Vehicles; Motor Carriers of 
Passengers,'' which published May 27, 2015. The meeting will be open to 
the public. Individuals with diverse experience, expertise, and 
perspectives are encouraged to attend. If all comments have been 
exhausted before the end of the session, the session may conclude 
early.

DATES: The roundtable discussion will be held on Monday, October 31, 
2016, from 9:30 a.m. to 4:30 p.m., Eastern Time (ET) at the U.S. 
Department of Transportation, Media Center, 1200 New Jersey Avenue SE., 
Ground Floor, Washington, DC 20590. The entire proceedings will be 
public.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System Docket ID (FMCSA-2012-0103) using any of the 
following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., ET, Monday through Friday, except Federal holidays.
    Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The online Federal document management system 
is available 24 hours each day, 365 days each year. If you would like 
acknowledgment that the Agency received your comments, please include a 
self-addressed, stamped envelope or postcard or print the 
acknowledgement page that appears after submitting comments online. The 
docket FMCSA-2016-0102 will remain open indefinitely.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, (202) 385-2428, 
loretta.bitner@dot.gov, Chief, Commercial Passenger Carrier Safety 
Division, Office of Enforcement and Compliance, Federal Motor Carrier 
Safety Administration. FMCSA office hours are from 8 a.m. to 4:30 p.m. 
ET, Monday through Friday, except Federal holidays.

[[Page 66244]]

    For information about the public meeting: Ms. Shannon L. Watson, 
Senior Policy Advisor, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590, by telephone at 202-
366-2551, or by email at Shannon.Watson@dot.gov. If you have questions 
on viewing or submitting material to the docket, contact Docket 
Services at 202-366-9826. Business hours are from 8 a.m. to 4:30 p.m. 
ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background:

    On August 31, 2016, FMCSA published a notice of intent concerning 
the lease and interchange of passenger-carrying commercial motor 
vehicles (CMVs) (81 FR 59951). The purpose of the notice of intent was 
to inform the public about the Agency's decision concerning the 37 
petitions for reconsideration which have been filed in the public 
docket referenced above. Upon review of these petitions, FMCSA 
concluded that some have merit. FMCSA, therefore, extended the 
compliance date of the final rule from January 1, 2017, to January 1, 
2018 (82 FR 13998; March 16, 2016), to allow the Agency time to 
complete any rulemaking action to amend the rule where necessary.

FMCSA Decision

    FMCSA plans to issue a rulemaking notice to address the four areas 
of concern in the August 31, 2016, notice of intent:
    (1) Exclusion of ``chartering'' (i.e., subcontracting) from the 
leasing requirements;
    (2) Amending the CMV requirements for the location of temporary 
markings for leased/interchanged vehicles;
    (3) Changing the requirement that carriers notify customers within 
24 hours when they subcontract service to other carriers; and
    (4) Expanding the 48-hour delay in preparing a lease to include 
emergencies when passengers are not actually on board a bus.
    The Agency believes that less burdensome regulatory alternatives 
that would not adversely impact safety could be adopted before the 
January 1, 2018, compliance date.

Public Roundtable

    FMCSA will hold a public roundtable on Monday, October 31, 2016, to 
discuss these four issue areas. The public will have an opportunity to 
speak about these issues and provide the Agency with information on how 
to address them. All public comments will be placed in the docket of 
this rulemaking. The agenda for this meeting will be posted on the 
FMCSA Web site www.fmcsa.dot.gov in the near future.

     Issued on: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23253 Filed 9-26-16; 8:45 am]
BILLING CODE 4910-EX-P



                                                                          Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules                                       66243

                                                      D. Unfunded Mandates Reform Act                         J. Executive Order 12898: Federal                     Washington, DC 20590. The entire
                                                      (UMRA)                                                  Actions To Address Environmental                      proceedings will be public.
                                                                                                              Justice in Minority Populations and                   ADDRESSES: You may submit comments
                                                         This action does not contain any                     Low-Income Populations                                bearing the Federal Docket Management
                                                      unfunded mandate as described in                                                                              System Docket ID (FMCSA–2012–0103)
                                                      UMRA, 2 U.S.C. 1531–1538, and does                         EPA believes the human health or
                                                                                                              environmental risk addressed by this                  using any of the following methods:
                                                      not significantly or uniquely affect small                                                                       Federal eRulemaking Portal: Go to
                                                                                                              action will not have potential
                                                      governments. The action imposes no                                                                            http://www.regulations.gov. Follow the
                                                                                                              disproportionately high and adverse
                                                      enforceable duty on any state, local or                                                                       online instructions for submitting
                                                                                                              human health or environmental effects
                                                      tribal governments or the private sector.                                                                     comments.
                                                                                                              on minority, low-income or indigenous
                                                                                                                                                                       Mail: Docket Management Facility:
                                                      E. Executive Order 13132: Federalism                    populations. This action merely
                                                                                                                                                                    U.S. Department of Transportation, 1200
                                                                                                              proposes to determine that the HGB area               New Jersey Avenue SE., West Building
                                                        This action does not have federalism                  failed to meet an ozone NAAQS                         Ground Floor, Room W12–140,
                                                      implications. It will not have substantial              attainment deadline, reclassify the area              Washington, DC 20590.
                                                      direct effects on the states, on the                    and set the date when a revised SIP is                   Hand Delivery or Courier: West
                                                      relationship between the national                       due to EPA.                                           Building Ground Floor, Room W12–140,
                                                      government and the states, or on the                                                                          1200 New Jersey Avenue SE.,
                                                                                                              List of Subjects in 40 CFR Part 81
                                                      distribution of power and                                                                                     Washington, DC 20590, between 9 a.m.
                                                      responsibilities among the various                        Environmental protection, Air                       and 5 p.m., ET, Monday through Friday,
                                                      levels of government.                                   pollution control.                                    except Federal holidays.
                                                                                                                Authority: 42 U.S.C. 7401 et seq.                      Fax: 1–202–493–2251.
                                                      F. Executive Order 13175: Consultation                                                                           Each submission must include the
                                                      and Coordination With Indian Tribal                       Dated: September 21, 2016.
                                                                                                                                                                    Agency name and the docket number for
                                                      Governments                                             Ron Curry,
                                                                                                                                                                    this notice. Note that DOT posts all
                                                                                                              Regional Administrator, Region 6.
                                                        This action does not have tribal                                                                            comments received without change to
                                                                                                              [FR Doc. 2016–23247 Filed 9–26–16; 8:45 am]           www.regulations.gov, including any
                                                      implications as specified in Executive                  BILLING CODE 6560–50–P                                personal information included in a
                                                      Order 13175. This action does not apply
                                                                                                                                                                    comment. Please see the Privacy Act
                                                      on any Indian reservation land, any                                                                           heading below.
                                                      other area where EPA or an Indian tribe                 DEPARTMENT OF TRANSPORTATION                             Docket: For access to the docket to
                                                      has demonstrated that a tribe has                                                                             read background documents or
                                                      jurisdiction, or non-reservation areas of               Federal Motor Carrier Safety                          comments, go to www.regulations.gov at
                                                      Indian country. Thus, Executive Order                   Administration                                        any time or visit Room W12–140 on the
                                                      13175 does not apply to this action.                                                                          ground level of the West Building, 1200
                                                                                                              49 CFR Part 390                                       New Jersey Avenue SE., Washington,
                                                      G. Executive Order 13045: Protection of
                                                                                                                                                                    DC 20590, between 9 a.m. and 5 p.m.,
                                                      Children From Environmental Health                      [Docket No. FMCSA–2012–0103]
                                                                                                                                                                    Monday through Friday, except Federal
                                                      Risks and Safety Risks                                                                                        holidays. The online Federal document
                                                                                                              RIN 2126–AB90
                                                         EPA interprets Executive Order 13045                                                                       management system is available 24
                                                      as applying only to those regulatory                    Lease and Interchange of Vehicles;                    hours each day, 365 days each year. If
                                                                                                              Motor Carriers of Passengers                          you would like acknowledgment that
                                                      actions that concern environmental
                                                                                                                                                                    the Agency received your comments,
                                                      health or safety risks that the EPA has                 AGENCY: Federal Motor Carrier Safety                  please include a self-addressed,
                                                      reason to believe may                                   Administration (FMCSA), DOT.                          stamped envelope or postcard or print
                                                      disproportionately affect children, per                 ACTION: Notice of meeting; request for                the acknowledgement page that appears
                                                      the definition of ‘‘covered regulatory                  comment.                                              after submitting comments online. The
                                                      action’’ in section 2–202 of the                                                                              docket FMCSA–2016–0102 will remain
                                                      Executive Order. This action is not                     SUMMARY:    FMCSA announces it will                   open indefinitely.
                                                      subject to Executive Order 13045                        hold a roundtable discussion on October                  Privacy Act: In accordance with 5
                                                      because it merely proposes to determine                 31, 2016, as a follow-up to its August                U.S.C. 553(c), DOT solicits comments
                                                      that the HGB area failed to meet an                     31, 2016, notice of intent concerning the             from the public to better inform its
                                                      ozone NAAQS attainment deadline,                        petitions for reconsideration of the final            rulemaking process. DOT posts these
                                                      reclassify the area and set the date when               rule, titled ‘‘Lease and Interchange of               comments, without edit, including any
                                                      a revised SIP is due to EPA.                            Vehicles; Motor Carriers of Passengers,’’             personal information the commenter
                                                                                                              which published May 27, 2015. The                     provides, to www.regulations.gov, as
                                                      H. Executive Order 13211, Actions That                  meeting will be open to the public.                   described in the system of records
                                                      Significantly Affect Energy Supply,                     Individuals with diverse experience,                  notice (DOT/ALL–14 FDMS), which can
                                                      Distribution or Use                                     expertise, and perspectives are                       be reviewed at www.dot.gov/privacy.
                                                                                                              encouraged to attend. If all comments                 FOR FURTHER INFORMATION CONTACT: Ms.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                        This action is not subject to Executive               have been exhausted before the end of                 Loretta G. Bitner, (202) 385–2428,
                                                      Order 13211, because it is not a                        the session, the session may conclude                 loretta.bitner@dot.gov, Chief,
                                                      significant regulatory action under                     early.                                                Commercial Passenger Carrier Safety
                                                      Executive Order 12866.
                                                                                                              DATES: The roundtable discussion will                 Division, Office of Enforcement and
                                                      I. National Technology Transfer and                     be held on Monday, October 31, 2016,                  Compliance, Federal Motor Carrier
                                                      Advancement Act                                         from 9:30 a.m. to 4:30 p.m., Eastern                  Safety Administration. FMCSA office
                                                                                                              Time (ET) at the U.S. Department of                   hours are from 8 a.m. to 4:30 p.m. ET,
                                                        This rulemaking does not involve                      Transportation, Media Center, 1200                    Monday through Friday, except Federal
                                                      technical standards.                                    New Jersey Avenue SE., Ground Floor,                  holidays.


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                                                      66244               Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Proposed Rules

                                                        For information about the public                      placed in the docket of this rulemaking.              be managed. NMFS invites comments
                                                      meeting: Ms. Shannon L. Watson,                         The agenda for this meeting will be                   on the establishment of this control
                                                      Senior Policy Advisor, Federal Motor                    posted on the FMCSA Web site                          date.
                                                      Carrier Safety Administration, 1200                     www.fmcsa.dot.gov in the near future.                Written comments must be
                                                                                                                                                                    DATES:
                                                      New Jersey Avenue SE., Washington,                        Issued on: September 15, 2016.             received by October 27, 2016.
                                                      DC 20590, by telephone at 202–366–                      Larry W. Minor,
                                                      2551, or by email at Shannon.Watson@                                                                 ADDRESSES: You may submit comments
                                                                                                              Associate Administrator for Policy.          identified by ‘‘NOAA–NMFS–2016–
                                                      dot.gov. If you have questions on
                                                      viewing or submitting material to the                   [FR Doc. 2016–23253 Filed 9–26–16; 8:45 am]  0121’’ by either of the following
                                                      docket, contact Docket Services at 202–                 BILLING CODE 4910–EX–P                       methods:
                                                      366–9826. Business hours are from 8                                                                    • Electronic Submission: Submit all
                                                      a.m. to 4:30 p.m. ET, Monday through                                                                 electronic public comments via the
                                                      Friday, except Federal holidays.                        DEPARTMENT OF COMMERCE                       Federal e-Rulemaking Portal. Go to
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                           www.regulations.gov/
                                                                                                              National Oceanic and Atmospheric             #!docketDetail;D=NOAA-NMFS-2016-
                                                      Background:                                             Administration                               0121, click the ‘‘Comment Now!’’ icon,
                                                        On August 31, 2016, FMCSA                                                                          complete the required fields, and enter
                                                      published a notice of intent concerning                 50 CFR Part 622                              or attach your comments.
                                                      the lease and interchange of passenger-                                                                • Mail: Submit written comments to
                                                                                                              [Docket No. 160815741–6741–01]
                                                      carrying commercial motor vehicles                                                                   Mary Janine Vara, NMFS Southeast
                                                      (CMVs) (81 FR 59951). The purpose of                    RIN 0648–BG30                                Regional Office, 263 13th Avenue
                                                      the notice of intent was to inform the                                                               South, St. Petersburg, FL 33701.
                                                      public about the Agency’s decision                      Fisheries of the Caribbean, Gulf of            Instructions: Comments sent by any
                                                      concerning the 37 petitions for                         Mexico, and South Atlantic; Atlantic         other method, to any other address or
                                                      reconsideration which have been filed                   Coastal Migratory Pelagic Fishery;           individual, or received after the end of
                                                      in the public docket referenced above.                  Atlantic Dolphin and Wahoo Fishery;          the comment period, may not be
                                                      Upon review of these petitions, FMCSA                   and South Atlantic Snapper-Grouper           considered by NMFS. All comments
                                                      concluded that some have merit.                         Fishery; Control Date                        received are a part of the public record
                                                      FMCSA, therefore, extended the                                                                       and will generally be posted for public
                                                                                                              AGENCY: National Marine Fisheries
                                                      compliance date of the final rule from                                                               viewing on www.regulations.gov
                                                                                                              Service (NMFS), National Oceanic and
                                                      January 1, 2017, to January 1, 2018 (82                                                              without change. All personal identifying
                                                                                                              Atmospheric Administration (NOAA),
                                                      FR 13998; March 16, 2016), to allow the                                                              information (e.g., name, address, etc.),
                                                                                                              Commerce.
                                                      Agency time to complete any                                                                          confidential business information, or
                                                                                                              ACTION: Advanced notice of proposed          otherwise sensitive information
                                                      rulemaking action to amend the rule
                                                                                                              rulemaking; consideration of a control       submitted voluntarily by the sender will
                                                      where necessary.
                                                                                                              date.                                        be publicly accessible. NMFS will
                                                      FMCSA Decision                                                                                       accept anonymous comments (enter ‘‘N/
                                                                                                              SUMMARY: This proposed rule announces
                                                        FMCSA plans to issue a rulemaking                                                                  A’’ in the required fields if you wish to
                                                                                                              the establishment of a control date of
                                                      notice to address the four areas of                                                                  remain anonymous).
                                                                                                              June 15, 2016. The South Atlantic
                                                      concern in the August 31, 2016, notice                  Fishery Management Council (Council)         FOR FURTHER INFORMATION CONTACT:
                                                      of intent:                                              may use this control date if it decides      Mary Janine Vara, NMFS Southeast
                                                        (1) Exclusion of ‘‘chartering’’ (i.e.,                                                             Regional Office, telephone: 727–824–
                                                                                                              to create restrictions limiting
                                                      subcontracting) from the leasing
                                                                                                              participation in the exclusive economic 5305, or email: mary.vara@noaa.gov.
                                                      requirements;
                                                        (2) Amending the CMV requirements                     zone for the Federal charter vessel/         SUPPLEMENTARY INFORMATION: The
                                                      for the location of temporary markings                  headboat (for-hire) component of the         coastal migratory pelagics fishery in the
                                                      for leased/interchanged vehicles;                       recreational sectors of the coastal          Atlantic is managed under the Fishery
                                                        (3) Changing the requirement that                     migratory pelagics fishery in the            Management Plan for Coastal Migratory
                                                      carriers notify customers within 24                     Atlantic, dolphin and wahoo fishery in       Pelagic Resources in the Gulf of Mexico
                                                      hours when they subcontract service to                  the Atlantic, and snapper-grouper            and Atlantic Region (CMP FMP). The
                                                      other carriers; and                                     fishery in the South Atlantic. Anyone        dolphin and wahoo fishery in the
                                                        (4) Expanding the 48-hour delay in                    obtaining a Federal for-hire permit for      Atlantic is managed under the FMP for
                                                      preparing a lease to include emergencies                these recreational sectors after the         the Dolphin and Wahoo Fishery off the
                                                      when passengers are not actually on                     control date will not be assured of          Atlantic States (Dolphin and Wahoo
                                                      board a bus.                                            future access should a management            FMP). The snapper-grouper fishery in
                                                        The Agency believes that less                         regime that limits participation in the      the South Atlantic is managed under the
                                                      burdensome regulatory alternatives that                 sector be prepared and implemented.          FMP for the Snapper-Grouper Fishery of
                                                      would not adversely impact safety could                 This announcement is intended, in part, the South Atlantic Region (Snapper-
                                                      be adopted before the January 1, 2018,                  to promote awareness of the potential        Grouper FMP). The CMP FMP was
                                                      compliance date.                                        eligibility criteria for future access so as prepared jointly by the Gulf of Mexico
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                                                                              to discourage speculative entry into the     and South Atlantic Fishery Management
                                                      Public Roundtable                                       Federal for-hire component of the            Councils. The Dolphin and Wahoo and
                                                        FMCSA will hold a public roundtable                   recreational sectors of the Atlantic         Snapper-Grouper FMPs were prepared
                                                      on Monday, October 31, 2016, to discuss                 coastal migratory pelagics, Atlantic         by the Council. The FMPs are
                                                      these four issue areas. The public will                 dolphin and wahoo, or the South              implemented by NMFS under the
                                                      have an opportunity to speak about                      Atlantic snapper-grouper fisheries,          authority of the Magnuson-Stevens
                                                      these issues and provide the Agency                     while the Council and NMFS consider          Fishery Conservation and Management
                                                      with information on how to address                      whether and how access to these              Act (Magnuson-Stevens Act) through
                                                      them. All public comments will be                       recreational sector components should        regulations at 50 CFR part 622.


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Document Created: 2016-09-27 01:19:38
Document Modified: 2016-09-27 01:19:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of meeting; request for comment.
DatesThe roundtable discussion will be held on Monday, October 31, 2016, from 9:30 a.m. to 4:30 p.m., Eastern Time (ET) at the U.S. Department of Transportation, Media Center, 1200 New Jersey Avenue SE., Ground Floor, Washington, DC 20590. The entire proceedings will be public.
ContactMs. Loretta G. Bitner, (202) 385-2428, [email protected], Chief, Commercial Passenger Carrier Safety Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration. FMCSA office hours are from 8 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays.
FR Citation81 FR 66243 
RIN Number2126-AB90

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