San Francisco International Airport Ground Transportation Rules; Petition for Determination of Preemption, 20466-20467 [2019-09546]

Download as PDF 20466 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices in interstate commerce if seizure-free and off anti-seizure medication for a five-year period or more. As a result of Medical Examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified Medical Examiner based on the physical qualification standards and medical best practices. On January 15, 2013, FMCSA announced in a Notice of Final Disposition titled, Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate CMV drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ Since the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (MEP) (78 FR 3069). III. Qualifications of Applicants Gary Bartels Mr. Bartels is a 64-year-old class A3 CDL holder in South Dakota. He has a history of epilepsy and has been seizure free since 1994. He takes anti-seizure medication with the dosage and frequency remaining the same since 1994. His physician states that he is supportive of Mr. Bartels receiving an exemption. jbell on DSK3GLQ082PROD with NOTICES Mr. Davenport is a 66-year-old class D driver in Tennessee. He has a history of a single unprovoked seizure and has been seizure free since 2007. He takes anti-seizure medication with the dosage and frequency remaining the same since 2008. His physician states that he is supportive of Mr. Davenport receiving an exemption. Alan H. Finlayson Mr. Finlayson is a 40-year-old class D driver in Alabama. He has a history of 19:39 May 08, 2019 Jkt 247001 Notice of petition for determination of preemption; request for comments. ACTION: DEPARTMENT OF TRANSPORTATION FMCSA requests comments on a petition submitted by the American Bus Association, Inc. (ABA) and the United Motorcoach Association, Inc. (UMA) requesting a determination that certain vehicle inspection requirements for ground transportation operators imposed by the San Francisco International Airport (SFO) on passenger-carrying motor vehicles in interstate commerce are preempted by Federal law. FMCSA requests comments in response to this petition. DATES: Comments must be received on or before June 10, 2019. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2018–0408 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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. • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. FOR FURTHER INFORMATION CONTACT: Tracy M. White, Enforcement and Litigation Division; FMCSA Office of Chief Counsel; Telephone: (202) 493– 0349; Email: Tracy.White@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Federal Motor Carrier Safety Administration I. Public Participation and Request for Comments Gregory P. Long Mr. Long is a 38-year-old class D driver in Connecticut. He has a history of epilepsy and has been seizure free since 1995. He takes anti-seizure medication with the dosage and frequency remaining the same since 1995. His physician states that he is supportive of Mr. Long receiving an exemption. John McFarland Mr. McFarland is a 39-year-old class D driver in Virginia. He has a history of epilepsy and has been seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since 2015. His physician states that he is supportive of Mr. McFarland receiving an exemption. Scott Schelske Mr. Schelske is a 48-year-old class D driver in South Dakota. He has a history of a seizure disorder and has been seizure free since 1999. He takes antiseizure medication with the dosage and frequency remaining the same since 2009. His physician states that he is supportive of Mr. Schelske receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. Issued on: April 25, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–09549 Filed 5–8–19; 8:45 am] BILLING CODE 4910–EX–P Charles E. Davenport VerDate Sep<11>2014 epilepsy and has been seizure free since 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since March 2011. His physician states that he is supportive of Mr. Finlayson receiving an exemption. [Docket No. FMCSA–2018–0408] San Francisco International Airport Ground Transportation Rules; Petition for Determination of Preemption Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 SUMMARY: FMCSA encourages you to participate by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2018–0408), indicate E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. 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 a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov and put the docket number, ‘‘FMCSA–2018–0408’’ 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 in 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 81⁄2 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, selfaddressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. 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. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: DOT solicits comments from the public to better inform its preemption determinations. 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.transportation.gov/privacy. SUPPLEMENTARY INFORMATION: Background On October 18, 2018, the ABA and the UMA submitted a petition to FMCSA requesting a determination that the SFO vehicle inspection requirement is preempted by Federal law. According to the petition, the Airport Commission of the City and County of San Francisco has adopted Rules and Regulations to govern the general conduct of the public, tenants, employees, and commercial users of SFO as their activities relate to the possession, VerDate Sep<11>2014 19:39 May 08, 2019 Jkt 247001 management, supervision, operation, and control of the Airport. The current Rules and Regulations became effective on January 1, 2018 and contain provisions that govern commercial ground transportation operations (Rule 4.7). The petition states that under Rule 4.7, transportation companies that pick up and drop off passengers at SFO must apply for a Ground Transportation Operating Permit and that to obtain a permit, companies must first be licensed with the California Public Utilities Commission or have been granted Operating Authority by FMCSA for outof-state carriers. The petition states that SFO’s website provides notice of a requirement that, upon application for a Ground Transportation Operating Permit and annually thereafter, ground transportation vehicles must be inspected by airport mechanics. An offsite inspection is allowed, with fees attached, for fleets of 25 or more vehicles. The petition also alleges that while the SFO website includes a ‘‘San Francisco International Airport Vehicle Safety Inspection Checklist,’’ neither the checklist nor Rule 4.7 identifies the standards used to determine whether a particular vehicle component has passed or failed the inspection, nor is there any indication as to what overall score is necessary for a commercial motorcoach to pass such an inspection. While the petition states that all vehicles operating at SFO are required to display a transponder and permitspecific decals, the petition seeks a preemption determination concerning only the vehicle inspection requirement. Applicable Law Section 31141 of title 49 of the United States Code prohibits States from enforcing a law or regulation on CMV safety that the Secretary of Transportation (Secretary) has determined to be preempted. To determine whether a State law or regulation is preempted, the Secretary must decide whether a State law or regulation: (1) Has the same effect as a regulation prescribed under 49 U.S.C. 31136, which is the authority for much of the Federal Motor Carrier Safety Regulations (FMCSRs); (2) is less stringent than such a regulation; or (3) is additional to or more stringent than such a regulation 49 U.S.C. 31141(c)(1). If the Secretary decides that a State law or regulation has the same effect as a regulation prescribed under 49 U.S.C. 31136, the State law or regulation may be enforced. 49 U.S.C. 31141(c)(2). If the Secretary decides that a State law or regulation is less stringent than a regulation prescribed under 49 U.S.C. 31136, the State law or regulation may PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 20467 not be enforced. 49 U.S.C. 31141(c)(3). If the Secretary decides that a State law or regulation is additional to or more stringent than a regulation prescribed by the Secretary under 49 U.S.C. 31136, the State law or regulation may be enforced unless the Secretary decides that the State law or regulation (1) has no safety benefit; (2) is incompatible with the regulation prescribed by the Secretary; or (3) would cause an unreasonable burden on interstate commerce. 49 U.S.C. 31141(c)(4). To determine whether a State law or regulation will cause an unreasonable burden on interstate commerce, the Secretary may consider the cumulative effect that the State’s law or regulation and all similar laws and regulations of other States will have on interstate commerce. 49 U.S.C. 31141(c)(5). The Secretary’s authority under 49 U.S.C. 31141 is delegated to the FMCSA Administrator pursuant to 49 CFR 1.87(f). Request for Comments Although preemption under 49 U.S.C. 31141 is a legal determination reserved to the judgment of the Agency, FMCSA seeks comments on any issues raised in the petition or otherwise relevant ones. The Agency has placed the petition in the docket. Issued on: May 3, 2019. Raymond P. Martinez, Administrator. [FR Doc. 2019–09546 Filed 5–8–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel’s Tax Forms and Publications Project Committee Internal Revenue Service (IRS), Treasury. ACTION: Notice of meeting. AGENCY: An open meeting of the Taxpayer Advocacy Panel’s Tax Forms and Publications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Wednesday, June 12, 2019. FOR FURTHER INFORMATION CONTACT: Robert Rosalia at 1–888–912–1227 or (718) 834–2203. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory SUMMARY: E:\FR\FM\09MYN1.SGM 09MYN1

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[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20466-20467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09546]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0408]


San Francisco International Airport Ground Transportation Rules; 
Petition for Determination of Preemption

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

ACTION: Notice of petition for determination of preemption; request for 
comments.

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

SUMMARY: FMCSA requests comments on a petition submitted by the 
American Bus Association, Inc. (ABA) and the United Motorcoach 
Association, Inc. (UMA) requesting a determination that certain vehicle 
inspection requirements for ground transportation operators imposed by 
the San Francisco International Airport (SFO) on passenger-carrying 
motor vehicles in interstate commerce are preempted by Federal law. 
FMCSA requests comments in response to this petition.

DATES: Comments must be received on or before June 10, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2018-0408 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.

FOR FURTHER INFORMATION CONTACT: Tracy M. White, Enforcement and 
Litigation Division; FMCSA Office of Chief Counsel; Telephone: (202) 
493-0349; 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 and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0408), indicate

[[Page 20467]]

the specific section of this document to which the comment applies, and 
provide a reason for suggestions or recommendations. 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 a mailing address, an email address, or a phone 
number in the body of your document so the Agency can contact you if it 
has questions regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2018-0408'' 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 in 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. FMCSA will consider all comments and material received 
during the comment period.
    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. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: DOT solicits comments from the public to better inform 
its preemption determinations. 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.transportation.gov/privacy.

SUPPLEMENTARY INFORMATION: 

Background

    On October 18, 2018, the ABA and the UMA submitted a petition to 
FMCSA requesting a determination that the SFO vehicle inspection 
requirement is preempted by Federal law. According to the petition, the 
Airport Commission of the City and County of San Francisco has adopted 
Rules and Regulations to govern the general conduct of the public, 
tenants, employees, and commercial users of SFO as their activities 
relate to the possession, management, supervision, operation, and 
control of the Airport. The current Rules and Regulations became 
effective on January 1, 2018 and contain provisions that govern 
commercial ground transportation operations (Rule 4.7). The petition 
states that under Rule 4.7, transportation companies that pick up and 
drop off passengers at SFO must apply for a Ground Transportation 
Operating Permit and that to obtain a permit, companies must first be 
licensed with the California Public Utilities Commission or have been 
granted Operating Authority by FMCSA for out-of-state carriers. The 
petition states that SFO's website provides notice of a requirement 
that, upon application for a Ground Transportation Operating Permit and 
annually thereafter, ground transportation vehicles must be inspected 
by airport mechanics. An offsite inspection is allowed, with fees 
attached, for fleets of 25 or more vehicles. The petition also alleges 
that while the SFO website includes a ``San Francisco International 
Airport Vehicle Safety Inspection Checklist,'' neither the checklist 
nor Rule 4.7 identifies the standards used to determine whether a 
particular vehicle component has passed or failed the inspection, nor 
is there any indication as to what overall score is necessary for a 
commercial motorcoach to pass such an inspection.
    While the petition states that all vehicles operating at SFO are 
required to display a transponder and permit-specific decals, the 
petition seeks a preemption determination concerning only the vehicle 
inspection requirement.

Applicable Law

    Section 31141 of title 49 of the United States Code prohibits 
States from enforcing a law or regulation on CMV safety that the 
Secretary of Transportation (Secretary) has determined to be preempted. 
To determine whether a State law or regulation is preempted, the 
Secretary must decide whether a State law or regulation: (1) Has the 
same effect as a regulation prescribed under 49 U.S.C. 31136, which is 
the authority for much of the Federal Motor Carrier Safety Regulations 
(FMCSRs); (2) is less stringent than such a regulation; or (3) is 
additional to or more stringent than such a regulation 49 U.S.C. 
31141(c)(1).
    If the Secretary decides that a State law or regulation has the 
same effect as a regulation prescribed under 49 U.S.C. 31136, the State 
law or regulation may be enforced. 49 U.S.C. 31141(c)(2). If the 
Secretary decides that a State law or regulation is less stringent than 
a regulation prescribed under 49 U.S.C. 31136, the State law or 
regulation may not be enforced. 49 U.S.C. 31141(c)(3). If the Secretary 
decides that a State law or regulation is additional to or more 
stringent than a regulation prescribed by the Secretary under 49 U.S.C. 
31136, the State law or regulation may be enforced unless the Secretary 
decides that the State law or regulation (1) has no safety benefit; (2) 
is incompatible with the regulation prescribed by the Secretary; or (3) 
would cause an unreasonable burden on interstate commerce. 49 U.S.C. 
31141(c)(4). To determine whether a State law or regulation will cause 
an unreasonable burden on interstate commerce, the Secretary may 
consider the cumulative effect that the State's law or regulation and 
all similar laws and regulations of other States will have on 
interstate commerce. 49 U.S.C. 31141(c)(5). The Secretary's authority 
under 49 U.S.C. 31141 is delegated to the FMCSA Administrator pursuant 
to 49 CFR 1.87(f).

Request for Comments

    Although preemption under 49 U.S.C. 31141 is a legal determination 
reserved to the judgment of the Agency, FMCSA seeks comments on any 
issues raised in the petition or otherwise relevant ones. The Agency 
has placed the petition in the docket.

    Issued on: May 3, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-09546 Filed 5-8-19; 8:45 am]
 BILLING CODE 4910-EX-P

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