Commercial Driver's License (CDL) Standards; Rotel North American Tours, LLC; Amendment of Exemption, 34073-34074 [E9-16586]
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Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices
34073
NEW SPECIAL PERMITS—Continued
Application
No.
Docket
No.
14878–N ....
....................
14881–N ....
....................
14883–N ....
....................
Applicant
Humboldt County Waste
Management Authority,
Eureka, CA.
United Parcel Service, Atlanta, GA.
49 CFR 172.102 Special
Provision 130.
Structural Composites Industries (SCI), Pomona,
CA.
49 CFR 173.302a and
173.304a.
[FR Doc. E9–16517 Filed 7–13–09; 8:45 am]
BILLING CODE 4910–60–M
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0078]
Commercial Driver’s License (CDL)
Standards; Rotel North American
Tours, LLC; Amendment of Exemption
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
FMCSA announces its
decision to grant Rotel North American
Tours, LLC (Rotel), amendment of its
existing exemption that permits 22
named drivers, employed by Rotel and
possessing German CDLs, to operate
commercial motor vehicles (CMVs) in
the U.S. without a CDL issued by one
of the States. The Rotel roster of its 22
exempt drivers is amended to permit
three new Rotel drivers to be substituted
for three drivers no longer employed by
Rotel. The new Rotel drivers are subject
to all the terms and conditions of the
current exemption, including its
expiration date of July 30, 2010.
DATES: This exemption is effective upon
publication and expires on July 30,
2010.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert F. Schultz, Jr., FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations: Telephone: 202–366–4325.
E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.
105–178, 112 Stat. 107, June 9, 1998)
amended 49 U.S.C. 31315 and 31136(e)
to provide FMCSA authority to grant
exemptions from its motor carrier safety
VerDate Nov<24>2008
Regulation(s) affected
17:50 Jul 13, 2009
Jkt 217001
49 CFR 172.404(b) ............
Nature of special permits thereof
To authorize the transportation in commerce of certain
dry batteries in packaging without protecting against
short circuits. (mode 1)
To authorize the transportation in commerce of small
unpalletized packages in an overpack (reusable, collapsible consolidation bins) without hazard warning
labels on the overpack. (modes 1, 2)
To authorize the manufacture, marking, sale and use
of non-DOT specification fully wrapped carbon-fiber
reinforced aluminum lined cylinders. (modes 1, 2, 3,
4)
regulations, including the HOS rules.
The procedure for requesting an
exemption is prescribed in 49 CFR part
381. 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
any safety analyses that have been
conducted, and to comment on the
request.
The Agency must review the safety
analyses and public comments. Then it
may grant the exemption for up to 2
years if it finds ‘‘such exemption would
likely achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption’’ (49 CFR 381.305). The
decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for
denying or, in the alternative, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which the exemption is granted. The
notice must also specify the effective
period of the exemption and its terms
and conditions.
Rotel provides seasonal motorcoach
tours for non-English speaking tourists.
The service is unique because the
drivers of these buses serve as the tour
guides, providing oral commentary to
the passengers in their native language,
usually German. Rotel states that none
of the States of the U.S. will issue CDLs
to these drivers because they are not
State residents. Until recent years, Rotel
drivers were able to obtain a
nonresident CDL from certain States.
Rotel asserts that without the exemption
from the requirement that its drivers
have a CDL issued by a State, it would
have to terminate these tour operations.
Complete details of Rotel’s operations,
including the names of the drivers, can
be found in its original application,
dated August 27, 2007, which is
contained in the docket of this notice.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
On July 30, 2008, FMCSA granted,
after notice and comment, Rotel’s
request to allow 22 drivers, each
holding a German CDL, to operate Rotel
motor coaches in the U.S. without a
CDL issued by one of the States as
required by 49 CFR 383.23 (73 FR
44313). FMCSA found that these
drivers, operating specialty tour buses
in the U.S., would ‘‘likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption,’’ in
accordance with 49 CFR 381.305. The
two-year exemption expires on July 30,
2010.
Comments
On May 5, 2009, FMCSA published
notice of this application to withdraw 3
Rotel drivers previously approved for
this exemption but no longer employed
by Rotel, Jens Radloff, Christian Hafner,
and Ludwig Gerlsberger, and to
substitute 3 new drivers, Klaus Endres,
Sebastian Nicki, and Karl-Heinz
Schmitz, in their place on the roster of
exempt Rotel drivers. The Agency asked
for public comment (74 FR 20776). No
comments were submitted to the docket.
FMCSA Decision
The FMCSA has evaluated Rotel’s
application for amendment. The Agency
grants Rotel’s request that three former
Rotel drivers, originally approved for
this exemption, Jens Radloff, Christian
Hafner, and Ludwig Gerlsberger be
dropped from the roster of exempt
drivers. The Agency believes that the
three new drivers, Klaus Endres,
Sebastian Nicki, and Karl-Heinz
Schmitz, are qualified to replace the
drivers dropped from the Rotel roster.
Like the other 19 Rotel drivers already
operating under the exemption, the
three new drivers are non-residents of
the U.S. and holders of German CDLs.
The FMCSA finds that they possess
sufficient knowledge, skills, and
experience to ensure a level of safety
that is equivalent to, or greater than, the
E:\FR\FM\14JYN1.SGM
14JYN1
34074
Federal Register / Vol. 74, No. 133 / Tuesday, July 14, 2009 / Notices
level of safety that would be obtained by
complying with the requirement for a
U.S. CDL. Therefore, FMCSA hereby
grants exemption for the balance of the
two-year period of the exemption which
ends on July 30, 2010. The three new
Rotel drivers are subject to the terms
and conditions of the original Rotel
exemption.
Interested parties possessing
information that would demonstrate
that any or all of these 22 drivers are not
achieving the requisite statutory level of
safety should immediately notify the
FMCSA. The Agency will evaluate any
such information, and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31315(b)(4) and 31136(e), will
take immediate steps to revoke the
exemption of the driver(s) in question,
as well as Rotel’s exemption if
warranted.
Issued on: July 2, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–16586 Filed 7–13–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–21254]
Qualification of Drivers; Exemption
Applications; Vision
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 7
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
DATES: This decision is effective August
10, 2009. Comments must be received
on or before August 13, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
VerDate Nov<24>2008
17:50 Jul 13, 2009
Jkt 217001
2005–21254, using any of the following
methods.
• Federal eRulemaking Portal: Go to
https://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., 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
https://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 https://
www.regulations.gov at any time or
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., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19476). This information is also
available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue, SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
Exemption Decision
This notice addresses 7 individuals
who have requested a renewal of their
exemption in accordance with FMCSA
procedures. FMCSA has evaluated these
7 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Andrew B. Clayton
Dean A. Maystead
Thomas D. Reynolds
Kenneth D. Daniels
Donald L. Murphy
Donald M. Jenson
Carl V. Murphy, Jr.
These exemptions are extended
subject to the following conditions: (1)
That each individual have a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retain a copy of the certification
on his/her person while driving for
presentation to a duly authorized
Federal, State, or local enforcement
official. Each exemption will be valid
for two years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) The person fails 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
objectives of 49 U.S.C. 31136(e) and
31315.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
E:\FR\FM\14JYN1.SGM
14JYN1
Agencies
[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34073-34074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16586]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0078]
Commercial Driver's License (CDL) Standards; Rotel North American
Tours, LLC; Amendment of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Rotel North American
Tours, LLC (Rotel), amendment of its existing exemption that permits 22
named drivers, employed by Rotel and possessing German CDLs, to operate
commercial motor vehicles (CMVs) in the U.S. without a CDL issued by
one of the States. The Rotel roster of its 22 exempt drivers is amended
to permit three new Rotel drivers to be substituted for three drivers
no longer employed by Rotel. The new Rotel drivers are subject to all
the terms and conditions of the current exemption, including its
expiration date of July 30, 2010.
DATES: This exemption is effective upon publication and expires on July
30, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations: Telephone: 202-366-4325. E-mail:
MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide FMCSA authority to grant exemptions from its
motor carrier safety regulations, including the HOS rules. The
procedure for requesting an exemption is prescribed in 49 CFR part 381.
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 any safety analyses that have been conducted, and to comment
on the request.
The Agency must review the safety analyses and public comments.
Then it may grant the exemption for up to 2 years if it finds ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption'' (49 CFR 381.305). The decision of the Agency must be
published in the Federal Register (49 CFR 381.315(b)) with the reason
for denying or, in the alternative, the specific person or class of
persons receiving the exemption, and the regulatory provision or
provisions from which the exemption is granted. The notice must also
specify the effective period of the exemption and its terms and
conditions.
Rotel provides seasonal motorcoach tours for non-English speaking
tourists. The service is unique because the drivers of these buses
serve as the tour guides, providing oral commentary to the passengers
in their native language, usually German. Rotel states that none of the
States of the U.S. will issue CDLs to these drivers because they are
not State residents. Until recent years, Rotel drivers were able to
obtain a nonresident CDL from certain States. Rotel asserts that
without the exemption from the requirement that its drivers have a CDL
issued by a State, it would have to terminate these tour operations.
Complete details of Rotel's operations, including the names of the
drivers, can be found in its original application, dated August 27,
2007, which is contained in the docket of this notice.
On July 30, 2008, FMCSA granted, after notice and comment, Rotel's
request to allow 22 drivers, each holding a German CDL, to operate
Rotel motor coaches in the U.S. without a CDL issued by one of the
States as required by 49 CFR 383.23 (73 FR 44313). FMCSA found that
these drivers, operating specialty tour buses in the U.S., would
``likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption,'' in
accordance with 49 CFR 381.305. The two-year exemption expires on July
30, 2010.
Comments
On May 5, 2009, FMCSA published notice of this application to
withdraw 3 Rotel drivers previously approved for this exemption but no
longer employed by Rotel, Jens Radloff, Christian Hafner, and Ludwig
Gerlsberger, and to substitute 3 new drivers, Klaus Endres, Sebastian
Nicki, and Karl-Heinz Schmitz, in their place on the roster of exempt
Rotel drivers. The Agency asked for public comment (74 FR 20776). No
comments were submitted to the docket.
FMCSA Decision
The FMCSA has evaluated Rotel's application for amendment. The
Agency grants Rotel's request that three former Rotel drivers,
originally approved for this exemption, Jens Radloff, Christian Hafner,
and Ludwig Gerlsberger be dropped from the roster of exempt drivers.
The Agency believes that the three new drivers, Klaus Endres, Sebastian
Nicki, and Karl-Heinz Schmitz, are qualified to replace the drivers
dropped from the Rotel roster. Like the other 19 Rotel drivers already
operating under the exemption, the three new drivers are non-residents
of the U.S. and holders of German CDLs. The FMCSA finds that they
possess sufficient knowledge, skills, and experience to ensure a level
of safety that is equivalent to, or greater than, the
[[Page 34074]]
level of safety that would be obtained by complying with the
requirement for a U.S. CDL. Therefore, FMCSA hereby grants exemption
for the balance of the two-year period of the exemption which ends on
July 30, 2010. The three new Rotel drivers are subject to the terms and
conditions of the original Rotel exemption.
Interested parties possessing information that would demonstrate
that any or all of these 22 drivers are not achieving the requisite
statutory level of safety should immediately notify the FMCSA. The
Agency will evaluate any such information, and, if safety is being
compromised or if the continuation of the exemption is not consistent
with 49 U.S.C. 31315(b)(4) and 31136(e), will take immediate steps to
revoke the exemption of the driver(s) in question, as well as Rotel's
exemption if warranted.
Issued on: July 2, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-16586 Filed 7-13-09; 8:45 am]
BILLING CODE 4910-EX-P