Marking of Commercial Motor Vehicles; Application for an Exemption-Adirondack Trailways, Pine Hill Trailways, and New York Trailways, 33272-33274 [2020-11740]
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
the Caltrans assumed, environmental
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assigned National Environmental Policy
Act (NEPA) agency, in cooperation with
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new general purpose lanes on I–5, new
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Comments and questions concerning
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(Catalog of Federal Domestic Assistance
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Issued on: May 26, 2020.
Rodney Whitfield,
Director, Financial Services, Federal Highway
Administration, California Division.
[FR Doc. 2020–11775 Filed 5–29–20; 8:45 am]
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Federal Motor Carrier Safety
Administration
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
[Docket No. FMCSA–2020–0062]
I. Public Participation
Marking of Commercial Motor
Vehicles; Application for an
Exemption—Adirondack Trailways,
Pine Hill Trailways, and New York
Trailways
Viewing Comments and Documents
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant
Adirondack Transit Lines, Inc. (dba
Adirondack Trailways), Pine HillKingston Bus Corp. (dba Pine Hill
Trailways), and Passenger Bus Corp.
(dba New York Trailways) an exemption
from FMCSA’s commercial motor
vehicle (CMV) marking rules under
certain circumstances involving the
exchange of equipment and/or drivers.
FMCSA has determined that the terms
and conditions of the exemption likely
ensure a level of safety equivalent to, or
greater than, the level of safety achieved
without the exemption.
DATES: This exemption is effective June
1, 2020 and expires May 28, 2025.
ADDRESSES: 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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
The on-line Federal Docket
Management System (FDMS) is
available 24 hours each day, 365 days
each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms.
La Tonya Mimms, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov. If you have
SUMMARY:
PO 00000
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To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2020–0062’’
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., E.T., Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would be likely to achieve a
level of safety equivalent to, or greater
than, the level that would be achieved
by the current regulation (49 CFR
381.305). The decision of the Agency
must be published in the Federal
Register (49 CFR 381.315(b)) with the
reason for the granting or denial, and, if
granted, the specific person or class of
persons receiving the exemption and the
regulatory provision or provisions from
which exemption is granted. The notice
must specify the effective period of the
exemption (up to 5 years), and explain
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Under 49 CFR 390.21, commercial
motor vehicles must display the legal
name or single trade name of the motor
carrier operating the vehicle and the
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
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USDOT identification number assigned
to that motor carrier. For motor carriers
operating interchanged passenger
carrying vehicles, the requirements of
section 390.21(b)(3) are satisfied if the
vehicle is marked with a single placard,
sign, or other device affixed to the right
(curb) side of the vehicle on or near the
front passenger door. The placard, sign,
or device must display the legal name
or a single trade name of the motor
carrier operating the CMV and the motor
carrier’s USDOT number, preceded by
the words ‘‘Operated by.’’
Adirondack Trailways, Pine Hill
Trailways, and New York Trailways
combined operate approximately 130
motorcoaches using about 124 drivers in
intercity bus service. The three
commonly owned passenger services
interchange buses and drivers
frequently each year. Additionally,
Adirondack Trailways is party to
longstanding agreements for through
service with various carriers and for
revenue pooling with Greyhound Lines,
Inc. The applicants explained that the
frequency with which motorcoaches are
involved in interchange arrangements
with the three Trailways carriers,
Greyhound Lines, and other passenger
carriers makes it difficult to comply
with section 390.21(b)(3). This is
especially the case when the
interchanges happen on short notice
and in remote locations. Therefore, the
companies are seeking an exemption
from the CMV marking requirements in
49 CFR 390.21(b)(3).
IV. Public Comments
On January 14, 2020 (85 FR 2229), the
Agency published a notice requesting
public comment on the exemption
request from Adirondack Trailways,
Pine Hill Trailways, and New York
Trailways. The Agency received three
responses to the notice, with comments
from two individuals who opposed the
exemption application and comments
from the American Bus Association
(ABA) writing in support of the request.
Mr. Michael Millard said ‘‘[b]ased on
the legal issues of three carriers sharing
one insurance policy and issues
regarding drivers employed by multiple
carriers I suggest the application [should
be] denied and the three carriers do
what they already seem to have done.
Become one carrier.’’
An anonymous commenter stated: ‘‘In
a world where there is great concern
about chameleon carriers, these carriers
are asking for an exemption from the
one tool that FMCSA has to track who
is responsible for the safety of the
vehicle on the road.’’
The ABA believes ‘‘This action,
coupled with the [carriers’] long-
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standing safety record and level of
service to the passengers in the region,
persuades ABA to support the petition
for exemption.’’
V. FMCSA Decision and Safety
Analysis
FMCSA believes it is appropriate to
grant the applicants an exemption from
49 CFR 390.21 concerning the CMV
marking requirements for interchanged
passenger-carrying equipment. The
frequency with which vehicles are
interchanged between the commonly
owned and controlled motor carries of
passengers, Greyhound Lines and other
authorized motor carriers of passengers
creates significant challenges for
achieving compliance with 49 CFR
390.21(b)(3). The Agency has
determined, as required by 49 U.S.C.
31315(b) and the implementing
regulations under 49 CFR part 381, that
the exemption is likely to achieve a
level of safety that is equivalent to, or
greater than, the level of safety that
would be obtained in the absence of the
exemption.
The Agency acknowledges the
commenters’ concerns. However, the
exemption does not provide relief from
a rule that could impact the safety
performance of the commonly owned
companies. The only question is
whether the agency should provide an
exemption to address the marking
requirements when the interchanges
between carriers happen frequently,
especially on short notice and in remote
locations. These carriers still bear full
responsibility for compliance with the
applicable safety regulations.
Furthermore, the granting of the
exemption does not leave Federal and
State safety enforcement personnel
without a means of identifying the
carrier responsible for the operation of
a vehicle on a given trip, or a means of
conducting compliance assurance
activities.
From a safety equivalency
perspective, each of the passenger
carriers providing transportation
services would continue to be subject to
all regulations concerning on-road
safety performance (e.g., driver licensing
and qualifications, controlled
substances and alcohol testing,
inspection, repair, and maintenance,
hours of service, etc.). Each passenger
carrier would also continue to meet the
financial responsibility requirements
and maintain operating authority. The
Agency’s information technology system
provides a means for immediate
notification by the insurance carrier if
the insurance policy is cancelled, or
there is a change in operating authority
status.
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33273
In addition, each vehicle would
display the name and USDOT number
assigned to the owner/lessee of the
passenger-carrying vehicle, with
information about the responsible motor
carrier readily available from the driver.
FMCSA does not believe the
exemption will compromise safety
because the public can easily identify
one of the FMCSA-authorized carriers
involved in the transportation, while
Federal or State enforcement personnel
would have immediate access to the
identity of the responsible carrier, if the
name and USDOT number displayed on
the side of the passenger-carrying
vehicle is not the operating carrier for
the specific trip.
VI. Terms and Conditions of the
Exemption
This exemption from 49 CFR
390.21(b)(3) is issued to Adirondack
Transit Lines, Inc. (dba Adirondack
Trailways), Pine Hill-Kingston Bus
Corp. (dba Pine Hill Trailways), and
Passenger Bus Corp. (dba New York
Trailways). The conditions of this
exemption are as follows:
1. Passenger-carrying commercial
vehicles display the name and USDOT
number of the owner/lessee;
2. A document is signed by at least
one of the authorized carriers involved
in the movement of the vehicle that
provides (in electronic or paper format):
a. The registered name of each party
to the agreement;
b. The USDOT number for each party
to the agreement;
3. The passenger carrier named on the
driver’s record of duty status is the
responsible motor carrier;
4. The owner/lessee and the
responsible motor carrier cooperate with
all Federal, State and local enforcement
officials to provide the identity of the
operators of the passenger carrying
vehicle.
The carrier and drivers must comply
with all other requirements of the
Federal Motor Carrier Safety
Regulations (49 CFR parts 350–399) and
Hazardous Materials Regulations (49
CFR parts 105–180).
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may adopt the same exemption
with respect to operations in intrastate
commerce.
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Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices
FMCSA Notification
DEPARTMENT OF TRANSPORTATION
Adirondack Trailways, Pine Hill
Trailways, and New York Trailways
must notify FMCSA within 5 business
days of any accident (as defined by 49
CFR 390.5) involving the operation of
any of their CMVs while under this
exemption. The notification must be
emailed to MCPSD@DOT.GOV and
include the following information:
a. Name of the Exemption:
‘‘Adirondack Trailways, Pine Hill
Trailways, and New York Trailways’’;
b. The USDOT number of the
operating carrier;
c. Date of the accident;
d. City or town, and State, in which
the accident occurred, or which is
closest to the scene of the accident;
e. Driver’s name and driver’s license
State, number, and class;
f. Co-Driver’s name and driver’s
license State, number, and class;
g. Vehicle company number and
power unit license plate State and
number;
h. Number of individuals suffering
physical injury;
i. Number of fatalities;
j. The police-reported cause of the
accident;
k. Whether the driver was cited for
violation of any traffic laws, or motor
carrier safety regulations; and
l. The total driving time and the total
on-duty time of the CMV driver at the
time of the accident.
In addition, if there are any injuries or
fatalities, the carrier must forward the
police accident report to MCPSD@
DOT.GOV as soon as available.
Federal Motor Carrier Safety
Administration
Termination
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The FMCSA does not believe the
carriers covered by this exemption will
experience any deterioration of their
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revoking the exemption. The
FMCSA will revoke the exemption
immediately for failure to comply with
its terms and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020–11740 Filed 5–29–20; 8:45 am]
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[Docket No. FMCSA–2020–0101]
Controlled Substances and Alcohol
Use and Testing: Motion Picture
Compliance Solutions Application for
Exemption From the Drug and Alcohol
Clearinghouse Pre-Employment FullQuery
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant Motion Picture
Compliance Solutions (MPCS) an
exemption from the requirement that an
employer must not employ a driver who
is subject to drug and alcohol testing to
perform safety-sensitive functions prior
to conducting a full query of the Drug
and Alcohol Clearinghouse
(Clearinghouse) on behalf of its
members that employ commercial
driver’s license (CDL) holders. Under
the exemption, MPCS may conduct a
limited query of the Clearinghouse
before one of its member employers
hires a driver for a project, rather than
conducting a full pre-employment query
as required. If the limited query
indicates that information about the
driver exists in the Clearinghouse, the
driver would not be permitted to
perform safety-sensitive functions
unless and until a full query
subsequently shows that the driver is
not prohibited from operating a
commercial motor vehicle (CMV).
Absent the exemption, a limited query
would be available only to satisfy the
employer’s duty to make an annual
query, not a pre-employment query. The
Agency has determined that the terms
and conditions of the exemption,
coupled with MPCS’s unique safety
protocols, will achieve a level of safety
that is equivalent to the level of safety
that would be achieved through
compliance with the applicable
regulation.
DATES: This exemption is effective June
1, 2020 and expires May 28, 2025.
SUMMARY:
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this notice as
being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2019–0101 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
PO 00000
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Fmt 4703
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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. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Docket Operations.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: (202) 366–4325;
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Legal Basis
FMCSA has authority under 49 U.S.C.
31315(b) to grant exemptions from
certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
II. Background
Current Regulations
Currently, 49 CFR 382.701(a)(2)
requires that employers must not
employ a driver subject to the testing
requirements of 49 CFR part 382
without first conducting a preemployment full query of the
Clearinghouse. A full query allows the
employer to see any information that
exists about a driver in the
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]]>Agencies
[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33272-33274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11740]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0062]
Marking of Commercial Motor Vehicles; Application for an
Exemption--Adirondack Trailways, Pine Hill Trailways, and New York
Trailways
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Adirondack Transit Lines, Inc. (dba
Adirondack Trailways), Pine Hill-Kingston Bus Corp. (dba Pine Hill
Trailways), and Passenger Bus Corp. (dba New York Trailways) an
exemption from FMCSA's commercial motor vehicle (CMV) marking rules
under certain circumstances involving the exchange of equipment and/or
drivers. FMCSA has determined that the terms and conditions of the
exemption likely ensure a level of safety equivalent to, or greater
than, the level of safety achieved without the exemption.
DATES: This exemption is effective June 1, 2020 and expires May 28,
2025.
ADDRESSES: 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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations.
The on-line Federal Docket Management System (FDMS) is available 24
hours each day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. 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
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2020-0062'' 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., E.T.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would be likely to achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the granting or denial, and, if
granted, the specific person or class of persons receiving the
exemption and the regulatory provision or provisions from which
exemption is granted. The notice must specify the effective period of
the exemption (up to 5 years), and explain the terms and conditions of
the exemption. The exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
Under 49 CFR 390.21, commercial motor vehicles must display the
legal name or single trade name of the motor carrier operating the
vehicle and the
[[Page 33273]]
USDOT identification number assigned to that motor carrier. For motor
carriers operating interchanged passenger carrying vehicles, the
requirements of section 390.21(b)(3) are satisfied if the vehicle is
marked with a single placard, sign, or other device affixed to the
right (curb) side of the vehicle on or near the front passenger door.
The placard, sign, or device must display the legal name or a single
trade name of the motor carrier operating the CMV and the motor
carrier's USDOT number, preceded by the words ``Operated by.''
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
combined operate approximately 130 motorcoaches using about 124 drivers
in intercity bus service. The three commonly owned passenger services
interchange buses and drivers frequently each year. Additionally,
Adirondack Trailways is party to longstanding agreements for through
service with various carriers and for revenue pooling with Greyhound
Lines, Inc. The applicants explained that the frequency with which
motorcoaches are involved in interchange arrangements with the three
Trailways carriers, Greyhound Lines, and other passenger carriers makes
it difficult to comply with section 390.21(b)(3). This is especially
the case when the interchanges happen on short notice and in remote
locations. Therefore, the companies are seeking an exemption from the
CMV marking requirements in 49 CFR 390.21(b)(3).
IV. Public Comments
On January 14, 2020 (85 FR 2229), the Agency published a notice
requesting public comment on the exemption request from Adirondack
Trailways, Pine Hill Trailways, and New York Trailways. The Agency
received three responses to the notice, with comments from two
individuals who opposed the exemption application and comments from the
American Bus Association (ABA) writing in support of the request.
Mr. Michael Millard said ``[b]ased on the legal issues of three
carriers sharing one insurance policy and issues regarding drivers
employed by multiple carriers I suggest the application [should be]
denied and the three carriers do what they already seem to have done.
Become one carrier.''
An anonymous commenter stated: ``In a world where there is great
concern about chameleon carriers, these carriers are asking for an
exemption from the one tool that FMCSA has to track who is responsible
for the safety of the vehicle on the road.''
The ABA believes ``This action, coupled with the [carriers'] long-
standing safety record and level of service to the passengers in the
region, persuades ABA to support the petition for exemption.''
V. FMCSA Decision and Safety Analysis
FMCSA believes it is appropriate to grant the applicants an
exemption from 49 CFR 390.21 concerning the CMV marking requirements
for interchanged passenger-carrying equipment. The frequency with which
vehicles are interchanged between the commonly owned and controlled
motor carries of passengers, Greyhound Lines and other authorized motor
carriers of passengers creates significant challenges for achieving
compliance with 49 CFR 390.21(b)(3). The Agency has determined, as
required by 49 U.S.C. 31315(b) and the implementing regulations under
49 CFR part 381, that the exemption is likely to achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained in the absence of the exemption.
The Agency acknowledges the commenters' concerns. However, the
exemption does not provide relief from a rule that could impact the
safety performance of the commonly owned companies. The only question
is whether the agency should provide an exemption to address the
marking requirements when the interchanges between carriers happen
frequently, especially on short notice and in remote locations. These
carriers still bear full responsibility for compliance with the
applicable safety regulations. Furthermore, the granting of the
exemption does not leave Federal and State safety enforcement personnel
without a means of identifying the carrier responsible for the
operation of a vehicle on a given trip, or a means of conducting
compliance assurance activities.
From a safety equivalency perspective, each of the passenger
carriers providing transportation services would continue to be subject
to all regulations concerning on-road safety performance (e.g., driver
licensing and qualifications, controlled substances and alcohol
testing, inspection, repair, and maintenance, hours of service, etc.).
Each passenger carrier would also continue to meet the financial
responsibility requirements and maintain operating authority. The
Agency's information technology system provides a means for immediate
notification by the insurance carrier if the insurance policy is
cancelled, or there is a change in operating authority status.
In addition, each vehicle would display the name and USDOT number
assigned to the owner/lessee of the passenger-carrying vehicle, with
information about the responsible motor carrier readily available from
the driver.
FMCSA does not believe the exemption will compromise safety because
the public can easily identify one of the FMCSA-authorized carriers
involved in the transportation, while Federal or State enforcement
personnel would have immediate access to the identity of the
responsible carrier, if the name and USDOT number displayed on the side
of the passenger-carrying vehicle is not the operating carrier for the
specific trip.
VI. Terms and Conditions of the Exemption
This exemption from 49 CFR 390.21(b)(3) is issued to Adirondack
Transit Lines, Inc. (dba Adirondack Trailways), Pine Hill-Kingston Bus
Corp. (dba Pine Hill Trailways), and Passenger Bus Corp. (dba New York
Trailways). The conditions of this exemption are as follows:
1. Passenger-carrying commercial vehicles display the name and
USDOT number of the owner/lessee;
2. A document is signed by at least one of the authorized carriers
involved in the movement of the vehicle that provides (in electronic or
paper format):
a. The registered name of each party to the agreement;
b. The USDOT number for each party to the agreement;
3. The passenger carrier named on the driver's record of duty
status is the responsible motor carrier;
4. The owner/lessee and the responsible motor carrier cooperate
with all Federal, State and local enforcement officials to provide the
identity of the operators of the passenger carrying vehicle.
The carrier and drivers must comply with all other requirements of
the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and
Hazardous Materials Regulations (49 CFR parts 105-180).
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may adopt the same
exemption with respect to operations in intrastate commerce.
[[Page 33274]]
FMCSA Notification
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
must notify FMCSA within 5 business days of any accident (as defined by
49 CFR 390.5) involving the operation of any of their CMVs while under
this exemption. The notification must be emailed to [email protected] and
include the following information:
a. Name of the Exemption: ``Adirondack Trailways, Pine Hill
Trailways, and New York Trailways'';
b. The USDOT number of the operating carrier;
c. Date of the accident;
d. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
e. Driver's name and driver's license State, number, and class;
f. Co-Driver's name and driver's license State, number, and class;
g. Vehicle company number and power unit license plate State and
number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the accident;
k. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations; and
l. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.
In addition, if there are any injuries or fatalities, the carrier
must forward the police accident report to [email protected] as soon as
available.
Termination
The FMCSA does not believe the carriers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revoking the exemption. The FMCSA will
revoke the exemption immediately for failure to comply with its terms
and conditions.
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-11740 Filed 5-29-20; 8:45 am]
BILLING CODE 4910-EX-P
