[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33272-33274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11740]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0062]
Marking of Commercial Motor Vehicles; Application for an
Exemption--Adirondack Trailways, Pine Hill Trailways, and New York
Trailways
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Adirondack Transit Lines, Inc. (dba
Adirondack Trailways), Pine Hill-Kingston Bus Corp. (dba Pine Hill
Trailways), and Passenger Bus Corp. (dba New York Trailways) an
exemption from FMCSA's commercial motor vehicle (CMV) marking rules
under certain circumstances involving the exchange of equipment and/or
drivers. FMCSA has determined that the terms and conditions of the
exemption likely ensure a level of safety equivalent to, or greater
than, the level of safety achieved without the exemption.
DATES: This exemption is effective June 1, 2020 and expires May 28,
2025.
ADDRESSES: 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, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations.
The on-line Federal Docket Management System (FDMS) is available 24
hours each day, 365 days each year.
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. La Tonya Mimms, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2020-0062'' 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 DOT 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. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would be likely to achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the granting or denial, and, if
granted, the specific person or class of persons receiving the
exemption and the regulatory provision or provisions from which
exemption is granted. The notice must specify the effective period of
the exemption (up to 5 years), and explain the terms and conditions of
the exemption. The exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
Under 49 CFR 390.21, commercial motor vehicles must display the
legal name or single trade name of the motor carrier operating the
vehicle and the
[[Page 33273]]
USDOT identification number assigned to that motor carrier. For motor
carriers operating interchanged passenger carrying vehicles, the
requirements of section 390.21(b)(3) are satisfied if the vehicle is
marked with a single placard, sign, or other device affixed to the
right (curb) side of the vehicle on or near the front passenger door.
The placard, sign, or device must display the legal name or a single
trade name of the motor carrier operating the CMV and the motor
carrier's USDOT number, preceded by the words ``Operated by.''
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
combined operate approximately 130 motorcoaches using about 124 drivers
in intercity bus service. The three commonly owned passenger services
interchange buses and drivers frequently each year. Additionally,
Adirondack Trailways is party to longstanding agreements for through
service with various carriers and for revenue pooling with Greyhound
Lines, Inc. The applicants explained that the frequency with which
motorcoaches are involved in interchange arrangements with the three
Trailways carriers, Greyhound Lines, and other passenger carriers makes
it difficult to comply with section 390.21(b)(3). This is especially
the case when the interchanges happen on short notice and in remote
locations. Therefore, the companies are seeking an exemption from the
CMV marking requirements in 49 CFR 390.21(b)(3).
IV. Public Comments
On January 14, 2020 (85 FR 2229), the Agency published a notice
requesting public comment on the exemption request from Adirondack
Trailways, Pine Hill Trailways, and New York Trailways. The Agency
received three responses to the notice, with comments from two
individuals who opposed the exemption application and comments from the
American Bus Association (ABA) writing in support of the request.
Mr. Michael Millard said ``[b]ased on the legal issues of three
carriers sharing one insurance policy and issues regarding drivers
employed by multiple carriers I suggest the application [should be]
denied and the three carriers do what they already seem to have done.
Become one carrier.''
An anonymous commenter stated: ``In a world where there is great
concern about chameleon carriers, these carriers are asking for an
exemption from the one tool that FMCSA has to track who is responsible
for the safety of the vehicle on the road.''
The ABA believes ``This action, coupled with the [carriers'] long-
standing safety record and level of service to the passengers in the
region, persuades ABA to support the petition for exemption.''
V. FMCSA Decision and Safety Analysis
FMCSA believes it is appropriate to grant the applicants an
exemption from 49 CFR 390.21 concerning the CMV marking requirements
for interchanged passenger-carrying equipment. The frequency with which
vehicles are interchanged between the commonly owned and controlled
motor carries of passengers, Greyhound Lines and other authorized motor
carriers of passengers creates significant challenges for achieving
compliance with 49 CFR 390.21(b)(3). The Agency has determined, as
required by 49 U.S.C. 31315(b) and the implementing regulations under
49 CFR part 381, that the exemption is likely to achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained in the absence of the exemption.
The Agency acknowledges the commenters' concerns. However, the
exemption does not provide relief from a rule that could impact the
safety performance of the commonly owned companies. The only question
is whether the agency should provide an exemption to address the
marking requirements when the interchanges between carriers happen
frequently, especially on short notice and in remote locations. These
carriers still bear full responsibility for compliance with the
applicable safety regulations. Furthermore, the granting of the
exemption does not leave Federal and State safety enforcement personnel
without a means of identifying the carrier responsible for the
operation of a vehicle on a given trip, or a means of conducting
compliance assurance activities.
From a safety equivalency perspective, each of the passenger
carriers providing transportation services would continue to be subject
to all regulations concerning on-road safety performance (e.g., driver
licensing and qualifications, controlled substances and alcohol
testing, inspection, repair, and maintenance, hours of service, etc.).
Each passenger carrier would also continue to meet the financial
responsibility requirements and maintain operating authority. The
Agency's information technology system provides a means for immediate
notification by the insurance carrier if the insurance policy is
cancelled, or there is a change in operating authority status.
In addition, each vehicle would display the name and USDOT number
assigned to the owner/lessee of the passenger-carrying vehicle, with
information about the responsible motor carrier readily available from
the driver.
FMCSA does not believe the exemption will compromise safety because
the public can easily identify one of the FMCSA-authorized carriers
involved in the transportation, while Federal or State enforcement
personnel would have immediate access to the identity of the
responsible carrier, if the name and USDOT number displayed on the side
of the passenger-carrying vehicle is not the operating carrier for the
specific trip.
VI. Terms and Conditions of the Exemption
This exemption from 49 CFR 390.21(b)(3) is issued to Adirondack
Transit Lines, Inc. (dba Adirondack Trailways), Pine Hill-Kingston Bus
Corp. (dba Pine Hill Trailways), and Passenger Bus Corp. (dba New York
Trailways). The conditions of this exemption are as follows:
1. Passenger-carrying commercial vehicles display the name and
USDOT number of the owner/lessee;
2. A document is signed by at least one of the authorized carriers
involved in the movement of the vehicle that provides (in electronic or
paper format):
a. The registered name of each party to the agreement;
b. The USDOT number for each party to the agreement;
3. The passenger carrier named on the driver's record of duty
status is the responsible motor carrier;
4. The owner/lessee and the responsible motor carrier cooperate
with all Federal, State and local enforcement officials to provide the
identity of the operators of the passenger carrying vehicle.
The carrier and drivers must comply with all other requirements of
the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and
Hazardous Materials Regulations (49 CFR parts 105-180).
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may adopt the same
exemption with respect to operations in intrastate commerce.
[[Page 33274]]
FMCSA Notification
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
must notify FMCSA within 5 business days of any accident (as defined by
49 CFR 390.5) involving the operation of any of their CMVs while under
this exemption. The notification must be emailed to [email protected] and
include the following information:
a. Name of the Exemption: ``Adirondack Trailways, Pine Hill
Trailways, and New York Trailways'';
b. The USDOT number of the operating carrier;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
e. Driver's name and driver's license State, number, and class;
f. Co-Driver's name and driver's license State, number, and class;
g. Vehicle company number and power unit license plate State and
number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the accident;
k. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations; and
l. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
In addition, if there are any injuries or fatalities, the carrier
must forward the police accident report to [email protected] as soon as
available.
Termination
The FMCSA does not believe the carriers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revoking the exemption. The FMCSA will
revoke the exemption immediately for failure to comply with its terms
and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-11740 Filed 5-29-20; 8:45 am]
BILLING CODE 4910-EX-P