82 FR 27768 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 115 (June 16, 2017)

Page Range		27768-27769
FR Document		2017-12085

In response to petitions for reconsideration of the final rule on lease and interchange of passenger-carrying commercial motor vehicles (CMVs) published on May 27, 2015 and effective on July 27, 2015, FMCSA intends to revise the regulations to address ``chartering'' (subcontracting) and the 48-hour delay in preparing a lease. FMCSA is requesting public comment on the proposed responses to the petitions discussed below. In a final rule published elsewhere in this issue of the Federal Register, FMCSA extends the compliance date for the 2015 final rule from January 1, 2018, to January 1, 2019.

Federal Register, Volume 82 Issue 115 (Friday, June 16, 2017)

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27768-27769]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12085]

Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 /
Proposed Rules

[[Page 27768]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2012-0103]
RIN 2126-AC04

Lease and Interchange of Vehicles; Motor Carriers of Passengers

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

ACTION: Proposal in response to petitions for reconsideration; request
for public comments.

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SUMMARY: In response to petitions for reconsideration of the final rule
on lease and interchange of passenger-carrying commercial motor
vehicles (CMVs) published on May 27, 2015 and effective on July 27,
2015, FMCSA intends to revise the regulations to address ``chartering''
(subcontracting) and the 48-hour delay in preparing a lease. FMCSA is
requesting public comment on the proposed responses to the petitions
discussed below. In a final rule published elsewhere in this issue of
the Federal Register, FMCSA extends the compliance date for the 2015
final rule from January 1, 2018, to January 1, 2019.

DATES: Comments on this document must be received on or before July 31,
2017.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2012-0103 using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
Hand Delivery or Courier: U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9:00 a.m. and 5:00 p.m.,
e.t., Monday through Friday, except Federal holidays.
To avoid duplication, please use only one of these four methods.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta G. Bitner, (202) 385-2428,
loretta.bitner@dot.gov, Office of Enforcement and Compliance. FMCSA
office hours are from 9 a.m. to 5 p.m. ET, Monday through Friday,
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Submitting Comments

If you submit a comment, please include the docket number for this
notice (FMCSA-2012-0103), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2012-0103, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.

Viewing Comments and Documents

To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2012-0103, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the Internet, you may view the docket by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

Privacy Act

The Department of Transportation (DOT) solicits comments from the
public to better inform its decision-making processes. 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.

Background

During certain investigations and driver/vehicle inspections, FMCSA
encounters passenger-carrying vehicles and drivers that are rented,
loaned, leased, interchanged, assigned, or reassigned with few records
and little formality, thus obscuring the identity of the party
responsible for operational safety of these vehicles. To improve the
safety of the travelling public, FMCSA published a final rule on May
27, 2015, concerning the lease and interchange of passenger-carrying
CMVs (80 FR 30164). The purpose of the rule is 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 CMV(s) and driver(s). The
Agency received 37 petitions for reconsideration which have been filed
in the public docket (Docket No. FMCSA-2012-0103). Upon review of these
requests, 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 its analysis and amend the rule where necessary. After
further review of the petitions, the Agency announced on August 31,
2016, that it intended to consider changes to four aspects of the final
rule and denied requests to reconsider other features of the rule (81
FR 59951). The August 31 notice announced that a public roundtable
would be held to discuss the four issues to be addressed by rulemaking.
The roundtable was held on October 31, 2016.
The petitions for reconsideration generally argued that FMCSA had
taken a regulatory scheme from the trucking industry and applied it to
the bus industry, which has an entirely different operating structure
and liability regime. Moreover, the petitioners contend that
application of these trucking regulations to the bus industry offers no
additional protection to the public from illegal or unsafe bus
operators. Instead, petitioners contend that the final rule simply adds
administrative costs and reduces operational flexibility for bus
operators.
The most significant objection raised at the roundtable and by
petitioners was that the 2015 final rule treated ``chartering''
(subcontracting) as equivalent to leasing. Petitioners contend that
passenger carriers with FMCSA-issued active passenger carrier
``operating authority'' registration (as

[[Page 27769]]

defined in 49 CFR 390.5) [hereafter abbreviated simply as ``operating
authority''] have long subcontracted work to other carriers with
operating authority to handle demand surges, emergencies, or events
that require more than their own available capacity. Petitioners
indicated that subcontractors with their own operating authority have
traditionally assumed responsibility for their own vehicles and
drivers. Under the 2015 rule, however, a passenger carrier that
subcontracted work to a second carrier would be responsible for the
second carrier's regulatory compliance. Petitioners claimed that making
a carrier responsible for the subcontractor's vehicles, drivers, and
liability would make most short-term subcontracts impossible.
FMCSA believes that less burdensome regulatory requirements should
be considered. Subjecting passenger carriers with operating authority
to the full requirements of the leasing rule is not necessary. The
Agency, therefore, intends to revise subpart F of 49 CFR part 390 to
exclude ``chartering'' from the leasing requirements of that rule.
The revisions would also extend the emergency 48-hour delay in
preparing a lease authorized by 49 CFR 390.303(a)(2) and remove the
requirement that passengers actually be on board a bus when the
exemption occurs.
FMCSA believes the changes mentioned above would enable the Agency
to enhance its safety oversight of passenger carrier operations while
implementing a less costly regulatory approach. The changes would be
consistent with the intent of the 2015 final rule.

Issued under the authority delegated in 49 CFR 1.87 on: May 17,
2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-12085 Filed 6-15-17; 8:45 am]
BILLING CODE 4910-EX-P

$Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules 27769 defined in 49 CFR 390.5) [hereafter subcontractor’s vehicles, drivers, and on board a bus when the exemption abbreviated simply as ‘‘operating liability would make most short-term occurs. authority’’] have long subcontracted subcontracts impossible. FMCSA believes the changes work to other carriers with operating FMCSA believes that less burdensome mentioned above would enable the authority to handle demand surges, regulatory requirements should be Agency to enhance its safety oversight emergencies, or events that require more considered. Subjecting passenger of passenger carrier operations while than their own available capacity. carriers with operating authority to the implementing a less costly regulatory Petitioners indicated that subcontractors full requirements of the leasing rule is approach. The changes would be with their own operating authority have not necessary. The Agency, therefore, consistent with the intent of the 2015 traditionally assumed responsibility for intends to revise subpart F of 49 CFR final rule. their own vehicles and drivers. Under part 390 to exclude ‘‘chartering’’ from the 2015 rule, however, a passenger the leasing requirements of that rule. Issued under the authority delegated in 49 carrier that subcontracted work to a The revisions would also extend the CFR 1.87 on: May 17, 2017. second carrier would be responsible for emergency 48-hour delay in preparing a Daphne Y. Jefferson, the second carrier’s regulatory lease authorized by 49 CFR Deputy Administrator. compliance. Petitioners claimed that 390.303(a)(2) and remove the [FR Doc. 2017–12085 Filed 6–15–17; 8:45 am] making a carrier responsible for the requirement that passengers actually be BILLING CODE 4910–EX–P sradovich on DSK3GMQ082PROD with PROPOSALS2 VerDate Sep<11>2014 17:23 Jun 15, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\16JNP2.SGM 16JNP2$

Document Created: 2017-06-16 00:52:00
Document Modified: 2017-06-16 00:52:00

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		Proposed Rules
Action		Proposal in response to petitions for reconsideration; request for public comments.
Dates		Comments on this document must be received on or before July 31, 2017.
Contact		Ms. Loretta G. Bitner, (202) 385-2428, [email protected], Office of Enforcement and Compliance. FMCSA office hours are from 9 a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays.
FR Citation		82 FR 27768
RIN Number		2126-AC04

82 FR 27768 - Lease and Interchange of Vehicles; Motor Carriers of Passengers

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 115 (June 16, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration