[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, 
[email protected]. 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]
 BILLING CODE 4910-EX-P