Motor Carriers of Passengers That Serve Primarily Urban Areas With High Passenger Loads |
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
9 February 2016
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6925-6927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02510]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0481]
Motor Carriers of Passengers That Serve Primarily Urban Areas
With High Passenger Loads
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of information and request for comments.
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SUMMARY: This request for comments is related to the implementation of
a specific provision in section 32707 of the Moving Ahead for Progress
in the 21st Century Act (MAP-21) that requires an annual safety fitness
assessment of certain motor carriers of passengers that serve primarily
urban areas with high passenger loads. FMCSA requests comments about an
appropriate definition of a ``curbside bus operator'' that will be
subject to this annual safety fitness assessment and will be consistent
with Congressional intent.
DATES: You must submit comments by April 11, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0481 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line 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, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: All comments received were posted without change to
http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT
previously solicited comments from the public to better inform its
rulemaking process. DOT posted 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. Loretta Bitner, (202) 385-2428,
loretta.bitner@dot.gov. FMCSA office hours are from 9 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions on viewing or submitting material to the docket, contact
Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
Motorcoach safety received increased public attention after several
serious crashes during 2011, some of which involved ``curbside'' bus
operators, passenger carrier operations often characterized by high
passenger loads with service between urban areas. As a result, the
National Transportation Safety Board (NTSB) conducted an investigation
of motorcoach safety with an emphasis on curbside operations. One
objective of the investigation was to describe the characteristics of
the curbside business model among interstate motorcoach carriers. The
NTSB examined a population of 4,172 active interstate motorcoach
carriers operating in the United States and identified 71 of them as
scheduled motorcoach carriers providing curbside service.
In its ``Executive Report on Curbside Motorcoach Safety'' that was
published on October 12, 2011, the NTSB stated
[[Page 6926]]
the following in describing curbside bus operators:
The term ``curbside operations'' refers to a business model
(that is, the means by which motorcoach service is provided) rather
than a type of motorcoach carrier. In fact, no formal definition of
curbside carriers exists, and federal and state oversight
authorities have no unique categorization or tracking mechanism for
these carriers. For the purpose of this report, curbside motorcoach
operations are those in which interstate motorcoach carriers conduct
scheduled trips from one city to another city or a destination and
originate or terminate at a location other than a traditional bus
terminal; most of these operations discharge passengers at one or
more curbside locations.
Although curbside motorcoach carriers apply a similar business
model, they vary greatly in other characteristics. Some carriers
operate large fleets of motorcoaches throughout the United States,
whereas others have a fleet of only a few buses that operate in
local regions.
MAP-21 was signed into law on July 6, 2012. Section 32707, codified
at 49 U.S.C. 31144(i)(4)(B), addresses improved oversight of motorcoach
service providers. A ''motorcoach'' is defined in section 32707(b) of
MAP-21 as an ``over-the-road bus;'' one with an elevated passenger deck
over a baggage compartment. A motorcoach does not include a bus used in
public transportation provided by a State or local government, or a
school bus. The statute requires an annual assessment of the safety
fitness of certain motor carriers of passengers that serve primarily
urban areas with high passenger loads.
Implementation of Statutory Provision
Section 31144(i)(4) requires that the Secretary:
Reassess the safety fitness rating of each motor carrier
of passengers at no less than once every 3 years; and
Annually assess the safety fitness of certain motor
carriers of passengers that serve primarily urban areas with high
passenger loads.
The language indicates Congress' intent to have two levels of
oversight for motor carrier of passengers, a safety fitness rating
every 3 years for each passenger carrier and, a safety fitness
assessment annually for passenger carriers that serve primarily urban
areas with high passenger loads. To effectively implement 49 U.S.C.
31144(i)(4)(B), FMCSA must define which passenger carriers will be
subject to the annual safety fitness assessment requirement. While
Congress directed that carriers of passengers that serve primarily
urban areas with high passenger loads be subject to this requirement,
FMCSA does not collect urban area service or passenger volume
information from motor carriers of passengers that are subject to the
Agency's safety oversight.
FMCSA believes Congress intends for the Agency to have increased
safety oversight of the bus operators that generally provide low-cost,
regularly scheduled passenger transportation service between major
cities with curbside boarding and/or disembarking. Although some
carriers purport to have a bus terminal/facility/station, the location
used for passengers is a waiting area only outside of an office
building and the passenger pickups and drop-offs occur at the curbside
or in a parking lot.
Request for Comments
Because FMCSA does not include in its regulations or regulatory
guidance a definition of the term ``curbside bus operator,'' the Agency
believes it is imperative that one be adopted in order to effectively
implement 49 U.S.C. 31144(i)(4)(B). Therefore, the Agency proposes the
following definition for identifying motor carriers of passengers that
must undergo an annual assessment:
``Curbside Bus Operator'' means a motor carrier of passengers
that serves primarily urban areas with high passenger loads, and
uses 25% or more of its motorcoaches for operations with passenger
pickups and drop-offs occuring at the curbside or in a parking lot.
FMCSA would use this definition in identifying, tracking, and
conducting the annual safety fitness assessments of every identified
curbside bus operators. This definition would not have any impact on
the enforcement of the applicable safety regulations. It would only be
used to identify those carriers that Congress intends the Agency
conduct annual safety assessments.
FMCSA is considering the use of the following questions during the
motor carrier registration process to identify curbside bus operators
that transport high passenger loads:
Does your company operate 25% or more of its motorcoaches between
cities providing for-hire passenger transportation that originates
or terminates at locations other than terminals, such as street
corners or outside a retail business?
Is your company required to obtain a permit from a local government
to pick up or drop off at locations other than terminals, such as
street corners or outside a retail business?
The operation of a motorcoach to transport passengers is the
FMCSA's interpretation of a high passenger load with implementation of
49 U.S.C. 31144(i)(4)(B). Motorcoaches are large capacity passenger
vehicles that are frequently operated by curbside bus operators.
FMCSA requests public comments whether the proposed definition and
questions are appropriate for idenitying curbside operators for
implementation of the statutorily mandated annual safety fitness
assessments.
In addition to motor carriers of passengers that identify
themselves as curbside bus operators through the motor carrier
registration process, FMCSA will direct its enforcement personnel to
designate passenger carriers as a curbside bus operators in the
Agency's database when there is evidence that the carriers are
conducting curbside bus operations, but fail to report it to the Agency
or began curbside bus operations subsequent to registration. With this
in mind, FMCSA is seeking input to the following questions.
1. Should FMCSA identify all motor carriers of passengers that have
both curbside operations and operations that originate/terminate at a
traditional bus terminal as curbside bus operators requiring an annual
safety assessment?
2. Should a motor carrier of passengers that uses 25% or more of
its motorcoaches for curbside operations be identified by FMCSA as a
curbside bus operator requiring an annual safety assessment?
3. Should FMCSA base the percentage of curbside operations on the
number of motorcoaches used in that type of service? If not, then what
measure should be used?
4. Should FMCSA include passenger carrier operations that pick up
passengers at the curbside in vehicles smaller than motorcoaches with
the intent of transferring the passengers to a larger passenger vehicle
such as a motorcoach as curbside bus operators requiring an annual
safety assessment?
5. Should a motor carrier of passengers applicant be required to
self-identify as a curbside operator during registration with FMCSA?
6. Should a motor carrier of passengers previously registered with
FMCSA be required to self-identify as a curbside operator when updating
its registration information as required by 49 CFR 390.201?
7. Should FMCSA base the definition of an urban area on population,
incorporated land area, defined commercial zones, urbanized area as
defined by the U. S. Census Bureau, or some other criteria?
8. Should a motor carrier of passengers with 25% or more of its
motorcoach operation taking place in primarily urban areas be
identified by
[[Page 6927]]
FMCSA as a curbside bus operator requiring an annual safety assessment?
9. Is there any additional criteria we should consider to identify
which motor carrier of passenger should be defined as a curbside bus
operator requiring an annual safety assessment?
Issued under the authority delegated in 49 CFR 1.87 on: January
29, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-02510 Filed 2-8-16; 8:45 am]
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