[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Notices]
[Pages 23595-23598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10042]
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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 From Adirondack Trailways, Pine Hill Trailways, and New York
Trailways
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew an
exemption for Adirondack Transit Lines, Inc. (dba Adirondack
Trailways), Pine Hill-Kingston Bus Corp. (dba Pine Hill Trailways), and
Passenger Bus Corp. (dba New York Trailways) from FMCSA's commercial
motor vehicle (CMV) marking rules under certain circumstances involving
exchange, or interchange, of equipment and/or drivers. The provisional
exemption renewal is limited to six months. After a review of the
public comments to this notice, FMCSA will issue a decision whether the
exemption should be renewed through May 2030.
DATES: The provisional renewal of the exemption is effective from May
28, 2025, and expires on November 28, 2025. Comments must be received
on or before July 3, 2025.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0062 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2020-0062). 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.
[[Page 23596]]
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public on the exemption renewal request. DOT posts
these comments, 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 under the ``Department
Wide System of Records Notices'' at www.dot.gov/privacy/privacy-act-system-records-notices. The comments are searchable by the name of the
submitter and are posted without edit.
FOR FURTHER INFORMATION CONTACT: La Tonya Mimms, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; FMCSA; [email protected] or (202) 366-9220. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0062), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, insert
the docket number (FMCSA-2020-0062) in keyword box, and click on this
notice, click ``Comment,'' and type your comment into the text box on
the following screen.
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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at [email protected]. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov insert FMCSA-2020-0101 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket online by visiting
Docket Operations on the ground floor of the DOT West Building, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, 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 Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 the applicant's safety analyses. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the application, safety analyses, and the public
comments and determines whether granting the exemption would likely
achieve a level of safety equivalent to, or greater than, the level
that would be achieved absent such exemption, pursuant to the standard
set forth in 49 U.S.C. 31315(b)(1). The Agency must publish the
decision in the Federal Register (49 CFR 381.315(b)). If granted, the
notice will identify the regulatory provision from which the applicant
will be exempt and the effective period and will explain all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The vehicle marking requirements of 49 CFR 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.''
Application for Renewal of Exemption
Adirondack Trailways, Pine Hill Trailways, and New York Trailways
are a commonly owned passenger service that interchanges buses and
drivers more than ten thousand times a year. The frequency with which
their motorcoaches are involved in interchange arrangements makes it
difficult to comply with 49 CFR 390.21(b)(3). This is especially the
case when the interchanges happen on short notice and in remote
locations. The applicants describe their operation as ``spontaneous,
ever-changing and unpredictable.'' The cooperative arrangement promotes
intercity bus travel by offering passengers a seamless network of
service among the passenger carriers. The applicants noted the
termination on June 1, 2022, of their longstanding agreement for
revenue pooling and interchange arrangement with Greyhound Lines, Inc.
The applicants are requesting renewal of their exemption from 49
CFR 390.21(b)(3), which would apply to
[[Page 23597]]
exchanges among the applicants as well as other passenger carriers
subject to a lease agreement with the applicants.
FMCSA initially granted an exemption to Adirondack Trailways, Pine
Hill Trailways, and New York Trailways, on June 1, 2020 (85 FR 33272).
This exemption was effective on June 1, 2020, and expires on May 28,
2025. That notice described the nature of Adirondack Trailways, Pine
Hill Trailways, and New York Trailways business operations. A copy of
the 2020 exemption is available for review in the docket for this
notice.
IV. Grant of Provisional Renewal of Exemption
FMCSA determined in 2020 that the exemption was 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, as
required by 49 U.S.C. 31315(b)(1).
This provisionally renewed exemption does not provide relief from a
rule that could impact the safety performance of the commonly owned
companies. They still bear full responsibility for compliance with the
applicable safety regulations. Furthermore, provisionally renewing 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. 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 provisionally renews the exemption for a period of six
months, instead of the five years requested by the applicants, subject
to the terms and conditions of this decision and the absence of adverse
public comments that would cause the Agency to terminate the exemption.
If, during that time, FMCSA does not receive evidence of insufficient
safety under the exemption, the Agency anticipates granting a full
five-year exemption on or before the provisional exemption expires. The
exemption from the requirements of 49 CFR 390.21(b)(3) is effective
from May 28, 2025, through November 28, 2025, 11:59 p.m. local time,
unless revoked.
A. Applicability of Exemption
This provisional exemption renewal from 49 CFR 390.21(b)(3) is
issued to Adirondack Transit Lines, Inc. (dba Adirondack Trailways);
Pine Hill Bus Corp. (dba Pine Hill Trailways); and Passenger Bus Corp.
(dba New York Trailways).
B. Terms and Conditions
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 signed by at least one of the authorized carriers
involved in the movement of the vehicle is kept in each vehicle
operating under the exemption 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 driver must comply with all other requirements of
the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399) and
Hazardous Materials Regulations (49 CFR part 105-180).
C. 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 or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption. States
may, but are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
D. Notification to FMCSA
Adirondack Transit Lines, Inc. (dba Adirondack Trailways); Pine
Hill Bus Corp. (dba Pine Hill Trailways); and Passenger Bus Corp. (dba
New York Trailways) must notify FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5), involving any of the motor
carrier's CMVs operating under the terms of this exemption. The
notification must include the following information:
a. Identifier of the Exemption: ``Adirondack Transit Lines, Inc.
(dba Adirondack Trailways); Pine Hill Bus Corp. (dba Pine Hill
Trailways); and Passenger Bus Corp. (dba New York Trailways);''
b. Name of operating carrier and USDOT number;
c. Date of the crash;
d. City or town, and State, in which the accident occurred, or
closest to the crash scene;
e. Driver's name and license number;
f. Co-driver's name (if any) and license number;
g. Vehicle number and State license number;
h. Number of individuals suffering physical injury;
i. Number of fatalities;
j. The police-reported cause of the crash, if provided by the
enforcement agency;
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
l. The total on-duty time accumulated during the 7 consecutive days
prior to the date of the crash, and the total on-duty time and driving
time in the work shift prior to the crash.
Reports filed under this provision shall be emailed to
[email protected].
E. Termination
FMCSA does not believe the drivers and carriers covered by this
exemption will experience any deterioration of their safety record.
However, the exemption will be rescinded if: (1) Adirondack Transit
Lines, Inc. (dba Adirondack Trailways); Pine Hill Bus Corp. (dba Pine
Hill Trailways); and Passenger Bus Corp. (dba New York Trailways) or
the drivers operating under the exemption fail to comply with the terms
and conditions of the exemption; (2) the exemption has resulted in a
lower level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objects of 49 U.S.C. 31136(e) and 31315(b).
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application from Adirondack
Trailways, Pine Hill Trailways, and New York Trailways for an exemption
[[Page 23598]]
renewal. All comments received before the close of business on the
comment closing date will be considered and will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice. Comments received after the comment closing
date will be filed in the public docket and will be considered to the
extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that
becomes available after the comment closing date. Interested persons
should continue to examine the public docket for new material.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-10042 Filed 6-2-25; 8:45 am]
BILLING CODE 4910-EX-P