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DOT/FMCSA RIN: 2126-AC57 Publication ID: Fall 2023 
Title: Providers of Recreational Activities 

The purpose of this rulemaking is to implement section 23012 of the Bipartisan Infrastructure Law, Providers of Recreational Activities. Section 23012 created a new exemption from FMCSA operating authority registration for transportation by a motor vehicle designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, if: the motor vehicle is operated by a person that provides recreational activities; the transportation is provided within a 150 air-mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip; and in the case of a motor vehicle transporting passengers over a route between a place in a State and a place in another State, the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable State law. Congress did not define the term "recreational activities" and there is no pre-existing definition of recreational activities in the USC or CFR. If the term "recreational activities" is not defined quickly by FMCSA, there will be confusion by the industry and safety oversight agencies resulting in myriad of interpretations with a patchwork of compliance. FMCSA will revise 49 CFR part 372 (Exemptions, Commercial Zones and Terminal Areas), and the rule may propose conforming amendments to other related parts, such as part 387 (Minimum Levels of Financial Responsibility for Motor Carriers).

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 372   
Legal Authority: sec. 23012 of the Bipartisan Infrastructure Law   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/21/2023  88 FR 40146   
NPRM Comment Period End  08/21/2023 
Final Action  05/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Antonio Harris
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-2964