[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Rules and Regulations]
[Pages 36614-36615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17620]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 356, 365, and 374

[Docket No. FMCSA-2008-0235]
RIN 2126-AB16


Elimination of Route Designation Requirement for Motor Carriers 
Transporting Passengers Over Regular Routes

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

ACTION: Notice of disposition.

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SUMMARY: On March 17, 2009, FMCSA published a notice in the Federal 
Register (74 FR 11318) extending the effective date of its January 16, 
2009 final rule entitled ``Elimination of Route Designation Requirement 
for Motor Carriers Transporting Passengers Over Regular Routes'' until 
June 15, 2009. This allowed for the solicitation of additional public 
comments on the final rule and gave the incoming Administration 
sufficient time to consider and respond to comments. After reviewing 
the one comment that was received, FMCSA decided to allow the January 
19, 2009 final rule to go into effect. This notice addresses the 
comment that was submitted.

DATES: The effective date for the rule amending 49 CFR Parts 356, 365, 
and 374 published at 74 FR 2895 on January 16, 2009, was June 15, 2009. 
The compliance date for this rule was July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Regulatory 
Development Division, (202) 366-5370 or by e-mail at: 
[email protected].

SUPPLEMENTARY INFORMATION:
    On January 16, 2009, FMCSA published a final rule announcing the 
discontinuation of the administrative requirement that applicants 
seeking for-hire authority to transport passengers over regular routes 
submit a detailed description and a map of the route(s) over which they 
propose to operate (74 FR 2895). The Agency indicated that it will 
register such carriers as regular-route carriers without requiring the 
designation of specific regular routes and fixed end-points. Once motor 
carriers have obtained regular-route, for-hire operating authority from 
FMCSA, they will no longer need to seek additional FMCSA approval in 
order to change or add routes. The rule amended certain provisions of 
49 CFR Parts 356, 365 and 374 to make them consistent with the Agency's 
discontinuation of the route designation requirement. Each registered 
regular-route motor carrier of passengers will continue to be subject 
to the full safety oversight and enforcement programs of FMCSA and its 
State and local partners.
    The effective date of the rule was originally March 17, 2009, with 
a compliance date of July 15, 2009. In accordance with the January 20, 
2009 memorandum from the Assistant to the President and Chief of Staff 
(74 FR 4435), FMCSA published a notice on March 3, 2009 seeking comment 
on a proposal to delay the effective date of the final rule for 90 days 
(74 FR 9172).
    Based on comments submitted in response to the March 3 notice, 
FMCSA extended the effective date of the final rule from March 17, 
2009, to June 15, 2009, for the purpose of allowing the new leadership 
of the Department of Transportation to review the proceeding and to 
seek additional public comment (74 FR 11318, March 17, 2009).

Comments to the March Notice

    Greyhound Lines, Inc. (Greyhound) submitted the only comment to the 
March 17 notice. Greyhound expressed concern that the Agency's proposal 
would prevent meaningful implementation of the Over-The-Road Bus 
Transportation Accessibility Act of 2007, Public Law 110-291, 122 Stat. 
2915, July 30, 2008 because, without route designations, FMCSA would be 
unable to assess whether an applicant for new operating authority has 
adequate equipment and systems to comply with the Americans with 
Disabilities Act (ADA). Moreover, eliminating the need for existing 
carriers to seek new authority before expanding their operations would 
eliminate FMCSA's ability to assess ADA compliance before allowing 
route expansion.
    Greyhound also took issue with the Agency's statement, in the 
preamble to the final rule, that FMCSA and its predecessor agencies 
have not used route designations in determining whether an applicant 
could operate safely over a specific route, but provided no cases to 
support its position. Greyhound reiterated arguments, made previously 
in this

[[Page 36615]]

rulemaking proceeding, that FMCSA adopt a new process that would give 
greater scrutiny to a passenger carrier's willingness and ability to 
comply with safety fitness and ADA requirements at the application 
stage.

Response to Greyhound's Comment

    FMCSA has not used the route filings for any of its safety 
enforcement or other program purposes. The Department of Transportation 
has signed the statutorily-required Memorandum of Understanding on ADA 
enforcement with the Department of Justice, which has the primary ADA 
enforcement role, and FMCSA will use other existing authorities to 
consider and, where appropriate, take enforcement action with respect 
to complaints of ADA non-compliance. These existing authorities do not 
require establishment of a separate enforcement process. Accordingly, 
FMCSA allowed the final rule to become effective on June 15, 2009.
    The OP-1(P) application form has also been changed to eliminate the 
current route-designation and mapping requirements. Because changes to 
the OP-1(P) form had to be approved by the Office of Management and 
Budget, FMCSA delayed implementation of the new procedures until July 
15, 2009. The rule is now in effect and compliance is required by all 
regular-route motor carriers of passengers.

    Issued on: July 17, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-17620 Filed 7-23-09; 8:45 am]
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