Lease and Interchange of Vehicles; Motor Carriers of Passengers, 37553-37554 [2015-16111]
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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
obtain the full three year approval
pursuant to FCC 14–117. These revised
information collection requirements,
which implement and enforce the
updated antenna structure notice,
registration, reporting, and
recordkeeping requirements of part 17
of the Commission’s rules, help improve
efficiency, reduce regulatory burdens,
and enhance compliance with antenna
structure painting and lighting
requirements, while continuing to
ensure the safety of pilots and aircraft
passengers nationwide. The revised
information collection requirements are
as follows:
Section 17.4 provides that the owner
of any proposed or existing antenna
structure that requires notice of
proposed construction to the Federal
Aviation Administration (FAA) due to
physical obstruction must register the
structure with the Commission. Section
17.4(f) previously required antenna
structure owners ‘‘to immediately
provide a copy’’ of the antenna structure
registration to each tenant. This rule has
been revised so that it now requires that
antenna structure owners either provide
a copy or a link to the FCC antenna
structure Web site, and that this
notification may be done electronically
or via paper mail.
Section 17.4(g) previously required
antenna structure owners to display the
Antenna Structure Registration Number
a conspicuous place that is readily
visible near the base of the antenna.
This rule has been revised to require
that the Antenna Structure Number be
displayed so that it is conspicuously
visible and legible from the publicly
accessible area nearest the base of the
antenna structure along the publicly
accessible roadway or path. It has also
been revised to provide that where an
antenna structure is surrounded by a
perimeter fence, or where the point of
access includes an access gate, the
Antenna Structure Registration Number
should be posted on the perimeter fence
or access gate. Where multiple antenna
structures having separate Antenna
Structure Registration Numbers are
located within a single fenced area, the
revised rule provides that the Antenna
Structure Registration Numbers must be
posted both on the perimeter fence or
access gate and near the base of each
antenna structure. If the base of the
antenna structure has more than one
point of access, the revised rule requires
that the Antenna Structure Registration
Number be posted so that it is visible at
the publicly accessible area nearest each
such point of access. The registration
number is issued to identify antenna
structure owners in order to enforce the
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Congressionally-mandated provisions
related to the owners.
Sections 17.48 and 17.49 contain
reporting and recordkeeping
requirements. Section 17.48(a) required
that antenna structure owners promptly
report outages of top steady burning
lights or flashing antenna structure
lights to the FAA. Upon receipt of the
outage notification, the FAA issues a
Notice to Airmen (NOTAM), which
notifies aircraft of the outage. However,
the FAA cancels all such notices within
15 days. Previously, the Commission’s
rules did not require antenna structure
owners to provide any notification to
the FAA regarding the status of repairs
other than the initial outage report and
the resumption of normal operation.
Thus, if the repairs to an antenna
structure’s lights required more than 15
days, the FAA may not have had any
record of the outage from that 15th day
to the resumption of normal operation.
This rule has been revised to require
antenna structure owners to provide the
FAA with regular updates on the status
of their repairs of lighting outages so
that the FAA can maintain notifications
to aircraft throughout the entire period
of time the antenna structure remains
unlit. Consistent with the current FAA
requirements, if a lighting outage cannot
be repaired within the FAA’s original
NOTAM period, the revised rule
requires the antenna structure owner to
notify the FAA of that fact. In addition,
the revised rule provides that the
antenna structure owner must provide
any needed updates to its estimated
return-to-service date to the FAA. The
revised rule also requires antenna
structure owners to continue to provide
these updates to the FAA every NOTAM
period until its lights are repaired.
Section 17.49 previously required
antenna structure owners to maintain a
record of observed or otherwise known
extinguishments or improper
functioning of structure lights, but did
not specify the time period for which
such records must be maintained. This
rule has been revised to require antenna
structure owners to maintain a record of
observed or otherwise known
extinguishments or improper
functioning of structure lights for two
years and provide the records to the
Commission upon request.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2015–16100 Filed 6–30–15; 8:45 am]
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37553
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Extension of deadline for filing
petitions for reconsideration.
AGENCY:
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,
loretta.bitner@dot.gov, 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:
SUMMARY:
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 passengercarrying 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
E:\FR\FM\01JYR1.SGM
01JYR1
37554
Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
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
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17:34 Jun 30, 2015
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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
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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
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]]>Agencies
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37553-37554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16111]
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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,
loretta.bitner@dot.gov, 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]
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