Marking of Commercial Motor Vehicles; Application for an Exemption-Adirondack Trailways, Pine Hill Trailways, and New York Trailways, 33272-33274 [2020-11740]

Download as PDF 33272 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices the Caltrans assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Caltrans as the assigned National Environmental Policy Act (NEPA) agency, in cooperation with the Foothill/Eastern Transportation Corridor Agency (F/ETCA), published an NOI on November 7, 2019, to prepare an EIS on a proposal for a highway improvement project in Orange County and San Diego County, California. The proposed improvements intended to address north-south regional mobility and accommodation of travel demand included the extension of the tolled State Route (SR) 241 lanes to Interstate (I) 5, the extension of Crown Valley Parkway to SR 241, new connections between Ortega Highway, Antonio Parkway, Avery Parkway, and SR–73, new general purpose lanes on I–5, new managed lanes on I–5, or combinations of these preliminary alternatives. The formal scoping period occurred beginning November 8, 2019 and ended February 10, 2020. Public scoping meetings were held on November 20, 2019 and December 4, 2019 in Mission Viejo, California, and Dana Point, California, respectively. Following the formal scoping period, review of the public and agency input received, and preliminary alternatives evaluation work, Caltrans and F/ETCA mutually agreed to discontinue project development. Therefore, the FHWA is rescinding the NOI as there is no effort underway to advance the EIS. Comments and questions concerning this action should be directed to Caltrans at the email address provided above. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) 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] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 4910–RY–P VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 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 Frm 00194 Fmt 4703 Sfmt 4703 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 E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 85, No. 105 / Monday, June 1, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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- VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 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. PO 00000 Frm 00195 Fmt 4703 Sfmt 4703 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. E:\FR\FM\01JNN1.SGM 01JNN1 33274 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 jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 19:40 May 29, 2020 Jkt 250001 [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 Frm 00196 Fmt 4703 Sfmt 4703 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 E:\FR\FM\01JNN1.SGM 01JNN1

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]


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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