Commercial Driver's License (CDL) Standards; Rotel North American Tours, LLC; Amendment of Exemption, 34073-34074 [E9-16586]

Download as PDF 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]


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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
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