Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes: Proposed Delay in Effective Date, 9172-9173 [E9-4454]

Download as PDF 9172 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Joyce L. Bernstein, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 08–122, adopted February 19, 2009, and released February 20, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail https:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television, Television broadcasting. ■ For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: rmajette on PRODPC74 with RULES ■ Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments ■ VerDate Nov<24>2008 14:43 Mar 02, 2009 Jkt 217001 under Indiana, is amended by adding DTV channel 20 and removing DTV channel 16 at Indianapolis. Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–4490 Filed 3–2–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 356, 365, and 374 [Docket No. FMCSA–2008–0235] RIN 2126–AB16 Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes: Proposed Delay in Effective Date AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Proposed delay in effective date. SUMMARY: In accordance with the memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Review,’’ published in the Federal Register on January 26, 2009, FMCSA is seeking public comment on a contemplated delay of 90 days in the effective date of its January 16, 2009, final rule entitled ‘‘Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers over Regular Routes.’’ The final rule announced the discontinuation of the administrative requirement that applicants seeking forhire authority to transport passengers over regular routes submit a detailed description and a map of the route(s) over which they propose to operate. The effective date of the rule is March 17, 2009, with a compliance date of July 15, 2009. The FMCSA is considering a temporary 90-day extension in the effective date to June 15, 2009, to allow the Agency the opportunity for further review and consideration of the final rule. FMCSA acknowledges that the January 20, 2009, memorandum only recommends 60 days, but is allowing for 90 days to give us enough time to consider and respond to comments. DATES: Comments must be received on or before March 9, 2009. ADDRESSES: You may submit comments identified by the Federal Docket Management System Number in the heading of this document by any of the PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 following methods. Do not submit the same comments by more than one method. The Federal eRulemaking portal is the preferred method for submitting comments, and we urge you to use it. Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. In the Comment or Submission section, type Docket ID Number ‘‘FMCSA–2008–0235’’, select ‘‘Go’’, and then click on ‘‘Send a Comment or Submission.’’ You will receive a tracking number when you submit a comment. Telefax: 1–202–493–2251. Mail, Courier, or Hand-Deliver: Docket Management Facility; U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590–0001. Office hours are between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: Regardless of the method used for submitting comments, all comments will be posted without change to the Federal Docket Management System (FDMS) at https:// www.regulations.gov. Anyone can search the electronic form of all our dockets in FDMS, by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). DOT’s complete Privacy Act Statement was published in the Federal Register on April 11, 2000 (65 FR 19476), and can be viewed at the URL https://docketsinfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Regulatory Development Division, (202) 366–5370 or by e-mail at: FMCSAregs@dot.gov. SUPPLEMENTARY INFORMATION: On January 16, 2009, FMCSA published a final rule announcing the discontinuation of the administrative requirement that applicants seeking forhire authority to transport passengers over regular routes submit a detailed description and a map of the route(s) over which they propose to operate (74 FR 2895). The Agency indicated that it will register such carriers as regularroute carriers without requiring the designation of specific regular routes and fixed end-points. Once motor carriers have obtained regular-route, forhire operating authority from FMCSA, they will no longer need to seek additional FMCSA approval in order to change or add routes. The rule amended certain provisions of 49 CFR Parts 356, 365 and 374 to make them consistent with the Agency’s discontinuation of the route designation requirement. Each E:\FR\FM\03MRR1.SGM 03MRR1 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations registered regular-route motor carrier of passengers will continue to be subject to the full safety oversight and enforcement programs of FMCSA and its State and local partners. The effective date of the rule is March 17, 2009, with a compliance date of July 15, 2009. Contemplated Extension of the Effective Date In accordance with January 20, 2009 (74 FR 4435) memorandum from the Assistant to the President and Chief of Staff, FMCSA is contemplating an extension of the effective date of its January 16, 2009, final rule from March 17, 2009, to June 15, 2009. This will provide us sufficient time to address issues that have been raised about whether the new rule will make it more difficult for us to enforce our requirements concerning safety and access for individuals with disabilities. Although we believe the final rule fully addressed these issues, in light of the Assistant to the President and Chief of Staff’s memorandum, we are proposing to delay the effective date of the final rule to allow the Agency the opportunity for further review and consideration of these issues. The Agency solicits comments specifically on the contemplated delay in the effective date. List of Subjects 49 CFR Part 356 Administrative practice and procedure, Routing, Motor carriers. 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Motor carriers, Moving of household goods, Reporting and recordkeeping requirements. 49 CFR Part 374 Aged, Blind, Buses, Civil rights, Freight, Individuals with disabilities, Motor carriers, Smoking. Issued on: February 25, 2009. Rose A. McMurray, Acting Deputy Administrator. [FR Doc. E9–4454 Filed 3–2–09; 8:45 am] rmajette on PRODPC74 with RULES BILLING CODE 4910–EX–P VerDate Nov<24>2008 14:43 Mar 02, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2009–0038] RIN 2127–AK44 Federal Motor Vehicle Safety Standard; Air Brake Systems AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Interim final rule, request for comments. SUMMARY: This document extends for six months a requirement that trailers with antilock brake systems be equipped with an external antilock malfunction indicator lamp. This requirement, which is included in the Federal motor vehicle safety standard that governs vehicles equipped with air brakes, is currently scheduled to sunset on March 1, 2009. As a result of this interim final rule, the sunset date is September 1, 2009. We are taking this action in connection with our consideration of a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) requesting that the requirement be made permanent. In a separate document, we are proposing a further extension of the requirement, to March 1, 2011. This interim final rule prevents the occurrence of a potential time gap for the vehicles that are subject to the requirement, should the agency ultimately decide to further extend the time period. DATES: Effective Date: The amendment made in this rule is effective February 28, 2009. Comment Period: You should submit your comments early enough to ensure that the Docket receives them not later than April 2, 2009. Comments may be combined with ones on the accompanying notice of proposed rulemaking, which is being published today using the same docket number. ADDRESSES: You may submit comments to the docket number identified in the heading of this document by any of the following methods: • Federal eRulemaking Portal: Go to https://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 20590–0001. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 9173 • Hand Delivery or Courier: 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • Fax: 202–493–2251. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or you may visit https:// DocketsInfo.dot.gov. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov, or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr. George Soodoo, Office of Crash Avoidance Standards (Phone: 202–366– 4931; FAX: 202–366–7002). For legal issues, you may call Mr. Ari Scott, Office of the Chief Counsel (Phone: 202– 366–2992; FAX: 202–366–3820). You may send mail to these officials at: National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Agency Analysis III. Interim Final Rule and Shortened Comment Period IV. Public Participation V. Rulemaking Analyses and Notices I. Background The final rule requiring antilock brake systems (ABS) on truck tractors, other air-braked heavy vehicles including trailers, and hydraulic-braked trucks was published in the Federal Register (60 FR 13216) on March 10, 1995. As amended by that final rule, FMVSS No. 121, Air Brake Systems, required two separate in-cab ABS malfunction indicator lamps for each truck tractor, one for the tractor’s ABS (effective E:\FR\FM\03MRR1.SGM 03MRR1

Agencies

[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Rules and Regulations]
[Pages 9172-9173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4454]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 356, 365, and 374

[Docket No. FMCSA-2008-0235]
RIN 2126-AB16


Elimination of Route Designation Requirement for Motor Carriers 
Transporting Passengers Over Regular Routes: Proposed Delay in 
Effective Date

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

ACTION: Proposed delay in effective date.

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

SUMMARY: In accordance with the memorandum of January 20, 2009, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review,'' published in the Federal Register on January 26, 
2009, FMCSA is seeking public comment on a contemplated delay of 90 
days in the effective date of its January 16, 2009, final rule entitled 
``Elimination of Route Designation Requirement for Motor Carriers 
Transporting Passengers over Regular Routes.'' The final rule announced 
the discontinuation of the administrative requirement that applicants 
seeking for-hire authority to transport passengers over regular routes 
submit a detailed description and a map of the route(s) over which they 
propose to operate. The effective date of the rule is March 17, 2009, 
with a compliance date of July 15, 2009. The FMCSA is considering a 
temporary 90-day extension in the effective date to June 15, 2009, to 
allow the Agency the opportunity for further review and consideration 
of the final rule. FMCSA acknowledges that the January 20, 2009, 
memorandum only recommends 60 days, but is allowing for 90 days to give 
us enough time to consider and respond to comments.

DATES: Comments must be received on or before March 9, 2009.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Number in the heading of this document by any of the 
following methods. Do not submit the same comments by more than one 
method. The Federal eRulemaking portal is the preferred method for 
submitting comments, and we urge you to use it.
    Federal eRulemaking Portal: Go to https://www.regulations.gov. 
Follow the online instructions for submitting comments. In the Comment 
or Submission section, type Docket ID Number ``FMCSA-2008-0235'', 
select ``Go'', and then click on ``Send a Comment or Submission.'' You 
will receive a tracking number when you submit a comment.
    Telefax: 1-202-493-2251.
    Mail, Courier, or Hand-Deliver: Docket Management Facility; U.S. 
Department of Transportation, Room W12-140, 1200 New Jersey Avenue, 
SE., Washington, DC 20590-0001. Office hours are between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.
    Privacy Act: Regardless of the method used for submitting comments, 
all comments will be posted without change to the Federal Docket 
Management System (FDMS) at https://www.regulations.gov. Anyone can 
search the electronic form of all our dockets in FDMS, by the name of 
the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
DOT's complete Privacy Act Statement was published in the Federal 
Register on April 11, 2000 (65 FR 19476), and can be viewed at the URL 
https://docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Regulatory 
Development Division, (202) 366-5370 or by e-mail at: 
FMCSAregs@dot.gov.

SUPPLEMENTARY INFORMATION:
    On January 16, 2009, FMCSA published a final rule announcing the 
discontinuation of the administrative requirement that applicants 
seeking for-hire authority to transport passengers over regular routes 
submit a detailed description and a map of the route(s) over which they 
propose to operate (74 FR 2895). The Agency indicated that it will 
register such carriers as regular-route carriers without requiring the 
designation of specific regular routes and fixed end-points. Once motor 
carriers have obtained regular-route, for-hire operating authority from 
FMCSA, they will no longer need to seek additional FMCSA approval in 
order to change or add routes. The rule amended certain provisions of 
49 CFR Parts 356, 365 and 374 to make them consistent with the Agency's 
discontinuation of the route designation requirement. Each

[[Page 9173]]

registered regular-route motor carrier of passengers will continue to 
be subject to the full safety oversight and enforcement programs of 
FMCSA and its State and local partners.
    The effective date of the rule is March 17, 2009, with a compliance 
date of July 15, 2009.

Contemplated Extension of the Effective Date

    In accordance with January 20, 2009 (74 FR 4435) memorandum from 
the Assistant to the President and Chief of Staff, FMCSA is 
contemplating an extension of the effective date of its January 16, 
2009, final rule from March 17, 2009, to June 15, 2009. This will 
provide us sufficient time to address issues that have been raised 
about whether the new rule will make it more difficult for us to 
enforce our requirements concerning safety and access for individuals 
with disabilities. Although we believe the final rule fully addressed 
these issues, in light of the Assistant to the President and Chief of 
Staff's memorandum, we are proposing to delay the effective date of the 
final rule to allow the Agency the opportunity for further review and 
consideration of these issues.
    The Agency solicits comments specifically on the contemplated delay 
in the effective date.

List of Subjects

49 CFR Part 356

    Administrative practice and procedure, Routing, Motor carriers.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Motor carriers, Moving of household goods, Reporting and 
recordkeeping requirements.

49 CFR Part 374

    Aged, Blind, Buses, Civil rights, Freight, Individuals with 
disabilities, Motor carriers, Smoking.

    Issued on: February 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-4454 Filed 3-2-09; 8:45 am]
BILLING CODE 4910-EX-P
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