Article 19-A of the State of New York's Vehicle and Traffic Law, 45938-45940 [2019-18949]
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45938
§ 502.703
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
Applicant or licensee response.
Upon receiving the materials
described in § 502.702(b), the
administrative law judge will issue a
notice advising the applicant or licensee
of the right to respond in support of an
OTI application or continuation of a
current OTI license. The response must
be:
(a) Filed with the administrative law
judge within 30 days of the
administrative law judge’s notice; and
(b) Include any supporting
information or documents, such as
affidavits of fact, memoranda, or written
argument. [Rule 703.]
§ 502.704
Reply.
The Bureau of Enforcement may,
within twenty (20) days of service of the
response filed by the applicant or
licensee, file with the administrative
law judge and serve upon the applicant
or licensee a reply memorandum
accompanied by appropriate affidavits
and supporting documents.
§ 502.705
Additional information.
The administrative law judge may
require the submission of additional
affidavits, documents, or memoranda
from the Bureau of Enforcement or the
licensee or applicant. [Rule 705.]
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§ 502.706 Request for an oral hearing or
argument.
(a) In the usual course of disposition
of matters filed under this subpart, no
oral hearing or argument will be held,
but the administrative law judge, in
their discretion, may order such
hearing.
(b) A request for oral hearing or
argument may be incorporated in the
applicant or licensee’s response or in
the Bureau of Enforcement’s reply to the
response. Requests for oral hearing or
argument will not be entertained unless
they set forth in detail the reasons why
the filing of affidavits or other
documents will not permit the fair and
expeditious disposition of the claim,
and the precise nature of the facts
sought to be proved or issues to be
addressed at an oral hearing or
argument.
(c) The administrative law judge will
rule upon a request for oral hearing or
argument within ten (10) days of its
receipt.
(d) In the event oral hearing or
argument is ordered, it will be held in
accordance with the rules applicable to
other formal proceedings, as set forth in
subparts A through Q of this part. [Rule
706.]
§ 502.707
Intervention.
Intervention will ordinarily not be
permitted. [Rule 707.]
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§ 502.708
Decision.
(a) Except as described in paragraph
(b) of this section, the administrative
law judge will issue a decision within
forty (40) days after the submission of
the Bureau of Enforcement’s reply.
(b) If oral hearing or argument is
conducted or additional information is
required, then the decision will be
issued within forty (40) days after the
oral proceeding or the deadline for
submission of additional information,
whichever is later.
(c) The decision of the administrative
law judge will be final, unless, within
twenty-two (22) days from the date of
service of the decision, either party files
exceptions under § 502.227(a)(1) or the
Commission makes a determination to
review under § 502.227(a)(3) and (d).
[Rule 708.]
§ 502.709 Applicability of other rules to
this subpart.
(a) Except as otherwise specifically
provided in this subpart or in paragraph
(b) of this section, the sections in
subparts A through Q, inclusive, of this
part do not apply to proceedings
covered by this subpart.
(b) The following sections in subparts
A through Q apply to proceedings
covered by this subpart: §§ 502.1–
502.11, 502.13 (Filing requirements,
Document requirements, and General
rules); 502.21–502.23 (Appearance,
Authority for representation, Notice of
appearance, Substitution, and
Withdrawal of representative); 502.42
(Bureau of Enforcement); 502.43
(Substitution of parties); 502.101–
502.105 (Computation of time); 502.114,
502.116–502.117 (Service of
documents); 502.223–502.230
(Decisions). [Rule 709.]
PART 515—LICENSING, FINANCIAL
RESPONSIBILITY REQUIREMENTS,
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
4. The authority citation for part 515
continues to read as follows:
■
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46
U.S.C. 305, 40102, 40104, 40501–40503,
40901–40904, 41101–41109, 41301–41302,
41305–41307; Pub. L. 105–383, 112 Stat.
3411; 21 U.S.C. 862.
■
5. Revise § 515.17 to read as follows:
§ 515.17 Hearing Procedures governing
denial, revocation, or suspension of OTI
License.
All hearing requests under §§ 515.15
and 515.16 shall be submitted to the
Commission’s Secretary. The hearing
will be adjudicated under the
procedures set forth in subpart X of part
502 of this chapter.
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By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2019–18742 Filed 8–30–19; 8:45 am]
BILLING CODE 6731–AA–P
DEPARTMENT OF TRANSPORTATION
[4910–EX–P]
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA–2013–0353]
RIN [2126–AA70 Revise]
Article 19–A of the State of New York’s
Vehicle and Traffic Law
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of petition for
determination of preemption; reopening
of the comment period.
AGENCY:
On September 12, 2013,
FMCSA published a request for
comments on petitions submitted by
Motor Coach Canada (MCC) and the
American Bus Association (ABA)
seeking a determination that Article 19–
A of the State of New York’s Vehicle
and Traffic Law governing drivers of
passenger-carrying interstate motor
vehicles is preempted by Federal Law.
The comment period closed on
November 12, 2013. The Agency
received 6 comments. In view of the
passage of time since the initial request
for comments, and because ABA
recently requested that the docket be reopened for additional comments,
FMCSA is reopening the comment
period for 30 days to ensure that all
interested parties have an opportunity
to comment or provide new
information.
DATES: Comments must be received on
or before October 3, 2019.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2013–0353 using any of the following
methods:
• Federal eRulemaking Portal: 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.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
SUMMARY:
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03SEP1
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles Medalen, Regulatory and
Legislative Affairs Division, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590 0001; by email at
charles.medalen@dot.gov, or by
telephone at 202–366–1354. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2013–0353), indicate
the specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. 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 telephone number in the
body of your document so that FMCSA
can contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2013–0353, 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 on 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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period. FMCSA may issue a
final determination at any time after the
close of the comment period.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
VerDate Sep<11>2014
17:08 Aug 30, 2019
Jkt 247001
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2013–0353, 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. ET,
Monday through Friday, except Federal
holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking and
other processes. 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.
II. Background
On September 12, 2013, FMCSA
published notice of a petition for
determination of preemption, under 49
U.S.C. 31141, of Article 19–A of the
State of New York’s Vehicle and Traffic
Law and its implementing regulations
(15 CRR–NY Ch.6) [78 FR 56267].
Article 19–A and the implementing
regulations establish a wide range of
requirements applicable to both
interstate and intrastate passenger
carriers operating in New York. Under
this regulatory scheme, all interstate
passenger carriers must file an annual
compliance affidavit certifying that their
drivers are not disqualified under State
law and reporting the number of days
and vehicle miles of bus service
provided in New York during the
previous year. An interstate carrier is
generally exempt from the rest of Article
19–A, which includes requirements
related to employment, driver medical
qualifications, reporting, recordkeeping
and other matters affecting both drivers
and carriers, unless it operates certain
types of school buses or operates in New
York for more than 100 days or more
than 10,000 vehicle miles annually.
However, interstate carriers that exceed
the 10,000-mile thresholds can apply for
a waiver for bus drivers who operate
less than 30 days per year in New York.
Otherwise, an interstate passenger
carrier operating in New York is
required to comply with Article 19–A.
The New York Department of Motor
Vehicles (NY DMV) makes information
about compliance with Article 19–A
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45939
available through the following web
link: https://www.dmv.ny.gov/art19.htm.
Section 31141 of title 49, United
States Code, prohibits States from
enforcing a law or regulation on
commercial motor vehicle 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 that 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; (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
determines that a State law or regulation
has the same effect as a regulation based
on § 31136, it may be enforced [49
U.S.C. 31141(c)(2)]. A State law or
regulation that is less stringent may not
be enforced [49 U.S.C. 31141(c)(3)]. And
a State law or regulation the Secretary
determines to be additional to or more
stringent than a regulation based on
§ 31136 may be enforced unless the
Secretary decides that the State law or
regulation (1) has no safety benefit; (2)
is incompatible with the regulations
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 § 31141 has been delegated to the
FMCSA Administrator by 49 CFR
1.87(f).
Comments Requested
On July 2, 2019, ABA asked the
Administrator to re-open the docket ‘‘for
any additional public comments on
matters that might have arisen since the
September 12, 2013 notice and to issue
a final determination of preemption as
soon as practicable.’’ The ABA letter is
available in the docket for this
proceeding. In view of this request and
the time that has passed since the
publication of the 2013 notice, FMCSA
is re-opening the comment period to
allow the public another opportunity to
review the MCC and ABA applications
for a determination of preemption,
which are in the docket listed above,
and to offer comments. Although
preemption is a legal determination
reserved to the judgment of the Agency,
FMCSA welcomes comment on any
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45940
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
issues raised by MCC and ABA, or that
otherwise may be relevant to this
proceeding.
Issued on: August 26, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–18949 Filed 8–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 395
[Docket No. FMCSA–2018–0248]
RIN 2126–AC19
Hours of Service of Drivers
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of public listening
session.
AGENCY:
The FMCSA announces that it
will hold a public listening session
concerning potential changes to its
hours-of-service rules for truck drivers.
On August 22, 2019, FMCSA published
a Notice of Proposed Rulemaking
(NPRM) seeking comment on proposed
changes to its hours-of-service (HOS)
requirements to provide greater
flexibility for drivers who are subject to
the HOS rules without adversely
affecting safety. The listening session
will allow interested persons to present
comments, views, and relevant research
on topics mentioned above. All
comments will be transcribed and
placed in the rulemaking docket for the
FMCSA’s consideration. The session
will be webcast to allow interested
parties to participate remotely.
DATES: The listening session will be
held on September 17, 2019. The
listening session will begin at 1:00 p.m.
local time and end at 3 p.m., or earlier,
if all participants wishing to express
their views have done so.
ADDRESSES: The listening session will
be held at the U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590.
You may submit comments identified
by Docket Number FMCSA–2018–0248
using any of the following methods:
• Federal eRulemaking Portal: 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.
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SUMMARY:
VerDate Sep<11>2014
17:08 Aug 30, 2019
Jkt 247001
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
• Submissions Containing
Confidential Business Information (CBI):
Mr. Brian Dahlin, Chief, Regulatory
Analysis Division, 1200 New Jersey
Avenue SE, Washington, DC 20590.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including collection of information
comments for the Office of Information
and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: For
special accommodations for any of these
HOS listening sessions, such as sign
language interpretation, contact
Shannon L. Watson, Senior Policy
Advisor, (202) 385–2395 or at
FMCSAregs@dot.gov to allow us to
arrange for such services. For
information concerning the hours-ofservice rules, contact Ms. La Tonya
Mimms, Chief, Driver and Carrier
Operations Division, (202) 366–4325,
mcpsd@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (Docket No. FMCSA–2018–
0248), indicate the specific section of
this document to which each section
applies, and provide a reason for each
suggestion or recommendation. 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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2018–0248, 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 on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period for the ANPRM. Late
comments will be considered to the
extent practicable.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
submission contains commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to the listening session, it is
important that you clearly designate the
submitted comments as CBI. Please
mark any page of your submission that
constitutes CBI as ‘‘PROPIN’’ to indicate
it contains proprietary information.
FMCSA will treat such marked
submissions as confidential under the
FOIA, and they will not be placed in the
public docket of this NPRM and
associated listening sessions.
Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory
Analysis Division, 1200 New Jersey
Avenue SE, Washington, DC 20590. Any
commentary that FMCSA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
FMCSA will consider all comments
and material received during the
comment period for the NPRM.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2018–0248, 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
online 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.
E:\FR\FM\03SEP1.SGM
03SEP1
]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45938-45940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18949]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION [4910-EX-P]
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA-2013-0353]
RIN [2126-AA70 Revise]
Article 19-A of the State of New York's Vehicle and Traffic Law
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of petition for determination of preemption; reopening
of the comment period.
-----------------------------------------------------------------------
SUMMARY: On September 12, 2013, FMCSA published a request for comments
on petitions submitted by Motor Coach Canada (MCC) and the American Bus
Association (ABA) seeking a determination that Article 19-A of the
State of New York's Vehicle and Traffic Law governing drivers of
passenger-carrying interstate motor vehicles is preempted by Federal
Law. The comment period closed on November 12, 2013. The Agency
received 6 comments. In view of the passage of time since the initial
request for comments, and because ABA recently requested that the
docket be re-opened for additional comments, FMCSA is reopening the
comment period for 30 days to ensure that all interested parties have
an opportunity to comment or provide new information.
DATES: Comments must be received on or before October 3, 2019.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2013-0353 using any of the following methods:
Federal eRulemaking Portal: 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.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
[[Page 45939]]
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Regulatory and
Legislative Affairs Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 0001;
by email at [email protected], or by telephone at 202-366-1354.
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
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2013-0353), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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 telephone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2013-0353, 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 on 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. FMCSA may issue a final determination at any time after
the close of the comment period.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2013-0353, 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. ET, Monday through Friday, except Federal holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking and other processes. 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.
II. Background
On September 12, 2013, FMCSA published notice of a petition for
determination of preemption, under 49 U.S.C. 31141, of Article 19-A of
the State of New York's Vehicle and Traffic Law and its implementing
regulations (15 CRR-NY Ch.6) [78 FR 56267]. Article 19-A and the
implementing regulations establish a wide range of requirements
applicable to both interstate and intrastate passenger carriers
operating in New York. Under this regulatory scheme, all interstate
passenger carriers must file an annual compliance affidavit certifying
that their drivers are not disqualified under State law and reporting
the number of days and vehicle miles of bus service provided in New
York during the previous year. An interstate carrier is generally
exempt from the rest of Article 19-A, which includes requirements
related to employment, driver medical qualifications, reporting,
recordkeeping and other matters affecting both drivers and carriers,
unless it operates certain types of school buses or operates in New
York for more than 100 days or more than 10,000 vehicle miles annually.
However, interstate carriers that exceed the 10,000-mile thresholds can
apply for a waiver for bus drivers who operate less than 30 days per
year in New York. Otherwise, an interstate passenger carrier operating
in New York is required to comply with Article 19-A. The New York
Department of Motor Vehicles (NY DMV) makes information about
compliance with Article 19-A available through the following web link:
https://www.dmv.ny.gov/art19.htm.
Section 31141 of title 49, United States Code, prohibits States
from enforcing a law or regulation on commercial motor vehicle 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 that 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;
(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 determines that a State law or regulation has the same
effect as a regulation based on Sec. 31136, it may be enforced [49
U.S.C. 31141(c)(2)]. A State law or regulation that is less stringent
may not be enforced [49 U.S.C. 31141(c)(3)]. And a State law or
regulation the Secretary determines to be additional to or more
stringent than a regulation based on Sec. 31136 may be enforced unless
the Secretary decides that the State law or regulation (1) has no
safety benefit; (2) is incompatible with the regulations 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 Sec. 31141 has been delegated to the FMCSA
Administrator by 49 CFR 1.87(f).
Comments Requested
On July 2, 2019, ABA asked the Administrator to re-open the docket
``for any additional public comments on matters that might have arisen
since the September 12, 2013 notice and to issue a final determination
of preemption as soon as practicable.'' The ABA letter is available in
the docket for this proceeding. In view of this request and the time
that has passed since the publication of the 2013 notice, FMCSA is re-
opening the comment period to allow the public another opportunity to
review the MCC and ABA applications for a determination of preemption,
which are in the docket listed above, and to offer comments. Although
preemption is a legal determination reserved to the judgment of the
Agency, FMCSA welcomes comment on any
[[Page 45940]]
issues raised by MCC and ABA, or that otherwise may be relevant to this
proceeding.
Issued on: August 26, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18949 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-EX-P
