Commercial Driver's License Standards; Regulatory Guidance Concerning the Passenger Endorsement Requirements, 30163-30164 [2015-12641]

Download as PDF 30163 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations EPA-APPROVED ALASKA REGULATIONS AND STATUTES—Continued State citation State effective date Title/subject * * * * 18 AAC 50 18 AAC 50.990 ....... Definitions ..................................... * * * * * * * * [FR Doc. 2015–12655 Filed 5–26–15; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 383 Commercial Driver’s License Standards; Regulatory Guidance Concerning the Passenger Endorsement Requirements Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of regulatory guidance. AGENCY: FMCSA responds to a question whether a commercial driver’s license (CDL) passenger endorsement is required for drivers of certain custom motorcoaches designed or used to transport fewer than 16 passengers, including the driver. The guidance explains that a passenger endorsement is required because the vehicle is intended to transport passengers rather than cargo. DATES: This guidance is effective May 27, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Chief, Commercial Driver’s License Division, Office of Safety Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Telephone (202) 366–0677 or Selden.Fritschner@dot.gov. Office hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. If you have questions on the docket, call Ms. Barbara Hairston, Docket Operations, telephone 202–366–3024. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: I. Legal Basis The CDL program was established by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. chapter 313). The CMVSA authorizes the VerDate Sep<11>2014 17:50 May 26, 2015 Jkt 235001 EPA approval date * 11/9/14 * * * 1/7/15, 80 FR 832; 05/27/15 [Insert Federal Register citation]. * * II. Background The American Bus Association (ABA) asked if drivers of certain custom motorcoaches require passenger endorsements. These motorcoaches are used primarily to transport entertainers to performance venues throughout the United States. Because these vehicles have gross vehicle weights (GVWs) and gross vehicle weight ratings (GVWRs) greater than 26,000 pounds, the driver must have a CDL. However, the vehicles are not designed or used to transport 16 or more passengers. Each vehicle begins as a motorcoach chassis and body shell which is then customized by a secondstage manufacturer that installs beds, couches, sinks, kitchen cabinets, and other furnishings. ABA notes that the maximum passenger capacity of these vehicles is approximately 10–12 persons, plus the driver. The ABA asked whether the drivers must have passenger endorsements on their CDLs. ABA estimates that approximately 1,000 entertainer motorcoaches are currently in operation. III. Applicable Regulations The CDL rules in 49 CFR 383.23(a) require individuals to pass written and driving tests for a CLP or CDL to operate commercial motor vehicles (CMVs). Section 383.5 defines a CMV. Frm 00035 * Article 9. General Provisions Secretary of Transportation to set minimum standards for the CDL. The Administrator of FMCSA has been delegated the authority to carry out the functions vested in the Secretary by the CMVSA (49 Code of Federal Regulations [CFR] 1.87(e)(1)). Parts 383 and 384 of Title 49, CFR, implement the CMVSA requirements. Part 383 prohibits any person who does not hold a valid CDL or commercial learner’s permit (CLP) issued by his/her State of domicile from operating a commercial motor vehicle (CMV) that requires a driver with a CDL. This regulatory guidance is based on that authority and is intended to ensure that CDL holders obtain the proper endorsements before operating a CMV. PO 00000 Explanations Fmt 4700 Sfmt 4700 The customized motorcoaches described by the ABA are Group B Heavy Straight Vehicles, within the CMV definition under § 383.5 and under § 383.91 concerning endorsements. They are used in commerce to transport passengers, and have GVWRs and GVWs of 26,001 pounds or more. Section 383.93(b)(2) requires CDL holders who operate or expect to operate ‘‘passenger vehicles’’ to obtain a passenger endorsement requiring a knowledge and skills test (§ 383.93(c)(2)). Neither these sections nor the passenger endorsement provisions in § 383.117 specifies a minimum number of passengers needed to trigger the endorsement requirement. Drivers of the customized motorcoaches used by the entertainment industry, which are designed or used to transport between 10 and 12 passengers, including the driver, are therefore required to have a CDL with a passenger endorsement. It should be noted that FMCSA and its predecessor agency, the Federal Highway Administration, have held for more than 20 years that drivers of recreational vehicles used strictly for non-commercial purposes are not required to obtain a CDL [Question 3 under § 383.3, 58 FR 60734, 60735, November 17, 1993; available on the Agency’s Web site: www.fmcsa.dot.gov]. Such vehicles are not ‘‘used in commerce’’ in the sense intended by the definition of ‘‘commercial motor vehicle’’ in 49 U.S.C. 31301(4) and 49 CFR 383.5. Today’s regulatory guidance is therefore limited to the issue of the passenger endorsement for individuals who are already required to possess a CDL. IV. FMCSA Decision In consideration of the above, FMCSA has determined that the requirements under 49 CFR part 383 require CDLholders to have a passenger endorsement when operating a vehicle that exceeds the 26,000-pound threshold, and is designed to transport passengers rather than property. FMCSA E:\FR\FM\27MYR1.SGM 27MYR1 30164 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations therefore includes the following as new Guidance to 49 CFR 383.93: Commercial Driver’s License Standards, Endorsements; Regulatory Guidance for 49 CFR 383.93 Question 15: Is a person who operates a custom motorcoach in commerce with a gross vehicle weight rating or gross vehicle weight greater than 26,001 pounds required to have a passenger endorsement for his or her CDL if the vehicle is designed or used to transport less than 16 passengers, including the driver? Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B) under 49 CFR 383.91 that is designed to transport passengers in commerce. The driver is, therefore, required by § 383.93(b)(2) to have a passenger endorsement. Issued on: May 18, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015–12641 Filed 5–26–15; 8:45 am] BILLING CODE 4910–EX–P Table of Contents 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: Final rule. AGENCY: FMCSA adopts regulations governing the lease and interchange of passenger-carrying commercial motor vehicles (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. This action 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:50 May 26, 2015 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. DATES: Effective date: July 27, 2015. Compliance date: Motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to this rule on or after January 1, 2017. Petitions for reconsideration must be received by June 26, 2015 and must be filed in accordance with 49 CFR 389.35. FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, (202) 366–2400, 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: Jkt 235001 I. Acronyms and Abbreviations II. Executive Summary A. Purpose of the Final Rule B. Summary of the Major Provisions C. Costs and Benefits III. Legal Basis for the Rulemaking IV. Proposal V. Discussion of Comments to NPRM Impact on Safety Exception for Replacement Vehicles Financial v. Operational Leases Revenue Pooling Agreements Cost of the Rule Common Ownership and Control Passenger Carriers Chartering Other Passenger Carriers Penalties Lease Disclosure on Tickets Out-of-Service Carriers Miscellaneous Comments MCSAP State Enforcement Plans VI. Section-By-Section Description of Final Rule VII. Regulatory Analyses A. Regulatory Planning and Review Passenger Carriers Subject to This Final Rule Estimated Costs of the Final Rule Estimated Benefits and Threshold Analysis Results B. Regulatory Flexibility Act Assistance for Small Entities C. Federalism (Executive Order 13132) D. Unfunded Mandates Reform Act of 1995 E. Executive Order 12988 (Civil Justice Reform) F. Executive Order 13045 (Protection of Children) G. Executive Order 12630 (Taking of Private Property) H. Privacy Impact Assessment I. Executive Order 12372 (Intergovernmental Review) J. Paperwork Reduction Act PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Lease Preparation Information Collection Analysis Passenger-Carrying CMV Marking Information Collection Analysis K. National Environmental Policy Act and Clean Air Act L. Executive Order 13211 (Energy Effects) The Final Rule I. Acronyms and Abbreviations 1935 Act Motor Carrier Act of 1935 1984 Act Motor Carrier Safety Act of 1984 Advocates Advocates for Highway and Auto Safety ABA American Bus Association BASICs Behavioral Analysis and Safety Improvement Categories CDL Commercial Driver’s License CMV Commercial Motor Vehicle CSA Compliance, Safety, Accountability DOT United States Department of Transportation FMCSA Federal Motor Carrier Safety Administration FMCSRs Federal Motor Carrier Safety Regulations, 49 CFR parts 350 through 399 FR Federal Register FRFA Final Regulatory Flexibility Analysis Gobbell Gobbell Transportation Services LLCs Limited Liability Companies MCMIS Motor Carrier Management Information System MCSAP Motor Carrier Safety Assistance Program MAP–21 Moving Ahead for Progress in the 21st Century Act NPRM Notice of Proposed Rulemaking NTSB National Transportation Safety Board OMB Office of Management and Budget OOIDA Owner-Operator Independent Drivers Association OOS Out of Service PRA Paperwork Reduction Act of 1995 QALY Quality-Adjusted Life-Year RFA Regulatory Flexibility Act SMS Safety Measurement System SBA Small Business Administration STB Surface Transportation Board UMA United Motorcoach Association VSL Value of a Statistical Life VMT Vehicle Miles Traveled VIN Vehicle Identification Number II. Executive Summary A. Purpose of the Final Rule FMCSA adopts regulations governing the lease and interchange of passengercarrying CMVs to ensure that passenger carriers cannot evade FMCSA oversight and enforcement by entering into questionable lease arrangements to operate under the authority 1 of another carrier that exercises no actual control over these operations. The rule is based on the broad authority of the Motor Carrier Safety Act of 1984 as amended 1 While this statement refers to the operating authority issued to for-hire motor carriers by FMCSA, the rule would also apply to private carriers, which are not required to have operating authority. If a private carrier leased a bus from another private carrier, the parties would be required to complete a lease, and the lessee would be responsible for safety and regulatory compliance. E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30163-30164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12641]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383


Commercial Driver's License Standards; Regulatory Guidance 
Concerning the Passenger Endorsement Requirements

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

ACTION: Notice of regulatory guidance.

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

SUMMARY: FMCSA responds to a question whether a commercial driver's 
license (CDL) passenger endorsement is required for drivers of certain 
custom motorcoaches designed or used to transport fewer than 16 
passengers, including the driver. The guidance explains that a 
passenger endorsement is required because the vehicle is intended to 
transport passengers rather than cargo.

DATES: This guidance is effective May 27, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Chief, 
Commercial Driver's License Division, Office of Safety Programs, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-0001. Telephone (202) 366-0677 or 
Selden.Fritschner@dot.gov. Office hours are from 8:00 a.m. to 4:30 
p.m., Monday through Friday, except Federal holidays. If you have 
questions on the docket, call Ms. Barbara Hairston, Docket Operations, 
telephone 202-366-3024.

SUPPLEMENTARY INFORMATION:

I. Legal Basis

    The CDL program was established by the Commercial Motor Vehicle 
Safety Act of 1986 (CMVSA) (49 U.S.C. chapter 313). The CMVSA 
authorizes the Secretary of Transportation to set minimum standards for 
the CDL. The Administrator of FMCSA has been delegated the authority to 
carry out the functions vested in the Secretary by the CMVSA (49 Code 
of Federal Regulations [CFR] 1.87(e)(1)).
    Parts 383 and 384 of Title 49, CFR, implement the CMVSA 
requirements. Part 383 prohibits any person who does not hold a valid 
CDL or commercial learner's permit (CLP) issued by his/her State of 
domicile from operating a commercial motor vehicle (CMV) that requires 
a driver with a CDL. This regulatory guidance is based on that 
authority and is intended to ensure that CDL holders obtain the proper 
endorsements before operating a CMV.

II. Background

    The American Bus Association (ABA) asked if drivers of certain 
custom motorcoaches require passenger endorsements. These motorcoaches 
are used primarily to transport entertainers to performance venues 
throughout the United States. Because these vehicles have gross vehicle 
weights (GVWs) and gross vehicle weight ratings (GVWRs) greater than 
26,000 pounds, the driver must have a CDL. However, the vehicles are 
not designed or used to transport 16 or more passengers. Each vehicle 
begins as a motorcoach chassis and body shell which is then customized 
by a second-stage manufacturer that installs beds, couches, sinks, 
kitchen cabinets, and other furnishings. ABA notes that the maximum 
passenger capacity of these vehicles is approximately 10-12 persons, 
plus the driver. The ABA asked whether the drivers must have passenger 
endorsements on their CDLs. ABA estimates that approximately 1,000 
entertainer motorcoaches are currently in operation.

III. Applicable Regulations

    The CDL rules in 49 CFR 383.23(a) require individuals to pass 
written and driving tests for a CLP or CDL to operate commercial motor 
vehicles (CMVs). Section 383.5 defines a CMV.
    The customized motorcoaches described by the ABA are Group B Heavy 
Straight Vehicles, within the CMV definition under Sec.  383.5 and 
under Sec.  383.91 concerning endorsements. They are used in commerce 
to transport passengers, and have GVWRs and GVWs of 26,001 pounds or 
more. Section 383.93(b)(2) requires CDL holders who operate or expect 
to operate ``passenger vehicles'' to obtain a passenger endorsement 
requiring a knowledge and skills test (Sec.  383.93(c)(2)). Neither 
these sections nor the passenger endorsement provisions in Sec.  
383.117 specifies a minimum number of passengers needed to trigger the 
endorsement requirement. Drivers of the customized motorcoaches used by 
the entertainment industry, which are designed or used to transport 
between 10 and 12 passengers, including the driver, are therefore 
required to have a CDL with a passenger endorsement.
    It should be noted that FMCSA and its predecessor agency, the 
Federal Highway Administration, have held for more than 20 years that 
drivers of recreational vehicles used strictly for non-commercial 
purposes are not required to obtain a CDL [Question 3 under Sec.  
383.3, 58 FR 60734, 60735, November 17, 1993; available on the Agency's 
Web site: www.fmcsa.dot.gov]. Such vehicles are not ``used in 
commerce'' in the sense intended by the definition of ``commercial 
motor vehicle'' in 49 U.S.C. 31301(4) and 49 CFR 383.5. Today's 
regulatory guidance is therefore limited to the issue of the passenger 
endorsement for individuals who are already required to possess a CDL.

IV. FMCSA Decision

    In consideration of the above, FMCSA has determined that the 
requirements under 49 CFR part 383 require CDL-holders to have a 
passenger endorsement when operating a vehicle that exceeds the 26,000-
pound threshold, and is designed to transport passengers rather than 
property. FMCSA

[[Page 30164]]

therefore includes the following as new Guidance to 49 CFR 383.93:

Commercial Driver's License Standards, Endorsements; Regulatory 
Guidance for 49 CFR 383.93

    Question 15: Is a person who operates a custom motorcoach in 
commerce with a gross vehicle weight rating or gross vehicle weight 
greater than 26,001 pounds required to have a passenger endorsement for 
his or her CDL if the vehicle is designed or used to transport less 
than 16 passengers, including the driver?
    Guidance: Yes. The motorcoach is a Heavy Straight Vehicle (Group B) 
under 49 CFR 383.91 that is designed to transport passengers in 
commerce. The driver is, therefore, required by Sec.  383.93(b)(2) to 
have a passenger endorsement.

    Issued on: May 18, 2015.
T.F. Scott Darling, III,
 Chief Counsel.
[FR Doc. 2015-12641 Filed 5-26-15; 8:45 am]
 BILLING CODE 4910-EX-P