[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45938-45940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18949]


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DEPARTMENT OF TRANSPORTATION [4910-EX-P]

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2013-0353]
RIN [2126-AA70 Revise]


Article 19-A of the State of New York's Vehicle and Traffic Law

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

ACTION: Notice of petition for determination of preemption; reopening 
of the comment period.

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SUMMARY: On September 12, 2013, FMCSA published a request for comments 
on petitions submitted by Motor Coach Canada (MCC) and the American Bus 
Association (ABA) seeking a determination that Article 19-A of the 
State of New York's Vehicle and Traffic Law governing drivers of 
passenger-carrying interstate motor vehicles is preempted by Federal 
Law. The comment period closed on November 12, 2013. The Agency 
received 6 comments. In view of the passage of time since the initial 
request for comments, and because ABA recently requested that the 
docket be re-opened for additional comments, FMCSA is reopening the 
comment period for 30 days to ensure that all interested parties have 
an opportunity to comment or provide new information.

DATES: Comments must be received on or before October 3, 2019.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2013-0353 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online 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 20590, between 
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

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     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Regulatory and 
Legislative Affairs Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 0001; 
by email at [email protected], or by telephone at 202-366-1354. 
If you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2013-0353), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a telephone number in the body of your 
document so that FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2013-0353, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2013-0353, 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. ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking and other processes. 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.transportation.gov/privacy.

II. Background

    On September 12, 2013, FMCSA published notice of a petition for 
determination of preemption, under 49 U.S.C. 31141, of Article 19-A of 
the State of New York's Vehicle and Traffic Law and its implementing 
regulations (15 CRR-NY Ch.6) [78 FR 56267]. Article 19-A and the 
implementing regulations establish a wide range of requirements 
applicable to both interstate and intrastate passenger carriers 
operating in New York. Under this regulatory scheme, all interstate 
passenger carriers must file an annual compliance affidavit certifying 
that their drivers are not disqualified under State law and reporting 
the number of days and vehicle miles of bus service provided in New 
York during the previous year. An interstate carrier is generally 
exempt from the rest of Article 19-A, which includes requirements 
related to employment, driver medical qualifications, reporting, 
recordkeeping and other matters affecting both drivers and carriers, 
unless it operates certain types of school buses or operates in New 
York for more than 100 days or more than 10,000 vehicle miles annually. 
However, interstate carriers that exceed the 10,000-mile thresholds can 
apply for a waiver for bus drivers who operate less than 30 days per 
year in New York. Otherwise, an interstate passenger carrier operating 
in New York is required to comply with Article 19-A. The New York 
Department of Motor Vehicles (NY DMV) makes information about 
compliance with Article 19-A available through the following web link: 
http://www.dmv.ny.gov/art19.htm.
    Section 31141 of title 49, United States Code, prohibits States 
from enforcing a law or regulation on commercial motor vehicle safety 
that the Secretary of Transportation (Secretary) has determined to be 
preempted. To determine whether a State law or regulation is preempted, 
the Secretary must decide whether that law or regulation (1) has the 
same effect as a regulation prescribed under 49 U.S.C. 31136, which is 
the authority for much of the Federal Motor Carrier Safety Regulations; 
(2) is less stringent than such a regulation; or (3) is additional to 
or more stringent than such a regulation [49 U.S.C. 31141(c)(1)]. If 
the Secretary determines that a State law or regulation has the same 
effect as a regulation based on Sec.  31136, it may be enforced [49 
U.S.C. 31141(c)(2)]. A State law or regulation that is less stringent 
may not be enforced [49 U.S.C. 31141(c)(3)]. And a State law or 
regulation the Secretary determines to be additional to or more 
stringent than a regulation based on Sec.  31136 may be enforced unless 
the Secretary decides that the State law or regulation (1) has no 
safety benefit; (2) is incompatible with the regulations prescribed by 
the Secretary; or (3) would cause an unreasonable burden on interstate 
commerce [49 U.S.C. 31141(c)(4)]. To determine whether a State law or 
regulation will cause an unreasonable burden on interstate commerce, 
the Secretary may consider the cumulative effect that the State's law 
or regulation and all similar laws and regulations of other States will 
have on interstate commerce [49 U.S.C. 31141(c)(5)]. The Secretary's 
authority under Sec.  31141 has been delegated to the FMCSA 
Administrator by 49 CFR 1.87(f).

Comments Requested

    On July 2, 2019, ABA asked the Administrator to re-open the docket 
``for any additional public comments on matters that might have arisen 
since the September 12, 2013 notice and to issue a final determination 
of preemption as soon as practicable.'' The ABA letter is available in 
the docket for this proceeding. In view of this request and the time 
that has passed since the publication of the 2013 notice, FMCSA is re-
opening the comment period to allow the public another opportunity to 
review the MCC and ABA applications for a determination of preemption, 
which are in the docket listed above, and to offer comments. Although 
preemption is a legal determination reserved to the judgment of the 
Agency, FMCSA welcomes comment on any

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issues raised by MCC and ABA, or that otherwise may be relevant to this 
proceeding.

    Issued on: August 26, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18949 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-EX-P