Commercial Driver's License Standards: Application for Exemption; Miami Nice Tours, 50139-50140 [2013-20011]

Download as PDF Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices 33.87 4. Status Report from the FAA a. Rulemaking Prioritization i. Potential future taskings to ARAC Attendance is open to the interested public but limited to the space available. Please confirm your attendance with the person listed in the FOR FURTHER INFORMATION CONTACT section no later than September 12, 2013. Please provide the following information: full legal name, country of citizenship, and name of your industry association, or applicable affiliation. If you are attending as a public citizen please indicate so. For persons participating by telephone, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section by email or phone for the teleconference call-in number and passcode. Callers outside the Washington metropolitan area are responsible for paying long-distance charges. The public must arrange by September 12, 2013 to present oral statements at the meeting. The public may present written statements to the Aviation Rulemaking Advisory Committee by providing 25 copies to the Designated Federal Officer, or by bringing the copies to the meeting. If you are in need of assistance or require a reasonable accommodation for this meeting, please contact the person listed under the heading FOR FURTHER INFORMATION CONTACT. Sign and oral interpretation, as well as a listening device, can be made available if requested 10 calendar days before the meeting. Issued in Washington, DC, on August 13, 2013. Lirio Liu, Designated Federal Officer, Aviation Rulemaking Advisory Committee. [FR Doc. 2013–19932 Filed 8–15–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0284] emcdonald on DSK67QTVN1PROD with NOTICES Commercial Driver’s License Standards: Application for Exemption; Miami Nice Tours Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that Miami Nice Tours (Miami) has applied for an exemption from the commercial SUMMARY: VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 50139 driver’s license (CDL) provisions of part 383 of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 350– 399) for itself and 50 European drivers. Miami, a motor carrier, would employ the 50 European drivers to conduct approximately 87 motorcoach tours in the United States annually. Part 383 requires motorcoach drivers to hold a CDL issued by a U.S. State. While each driver is licensed to operate a motorcoach in his or her European country of residence, States do not issue CDLs to non-residents. Miami believes that these drivers are likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be obtained if they held U.S. CDLs. dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). • Public Participation: The Federal eRulemaking Portal is available 24 hours each day, 365 days each year. You can get electronic submission and retrieval help and guidelines by clicking on the word ‘‘Help’’ at the top of the Portal home page. If you want us to notify you that we received your comments, please include a selfaddressed, stamped envelope or postcard, or print the acknowledgement page that appears after submitting comments online. Comments received after the comment closing date will be included in the docket, and we will consider late comments to the extent practicable. Comments must be received on or before September 16, 2013. ADDRESSES: You may submit comments identified by Federal Docket Management System Number FMCSA– 2013–0284 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • 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, DOT Building, 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. e.t., Monday through Friday, except Federal holidays. • Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, see the Public Participation heading below. Note that all comments received will be posted without change to www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below. • Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov at any time and in the box labeled ‘‘SEARCH for’’ enter FMCSA–2013–0284 and click on the tab labeled ‘‘SEARCH.’’ • Privacy Act: Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public FOR FURTHER INFORMATION CONTACT: DATES: PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Bus and Truck Standards and Operations; Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant exemptions from certain parts of the FMCSRs. The Agency is required to publish a notice of each exemption request in the Federal Register [49 CFR 381.315(a)]. FMCSA must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. FMCSA reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register with the reasons for denying or granting the application, and if granted, the name of the person or class of persons receiving the exemption and the regulatory provisions from which the exemption is granted [49 CFR 381.315(b) and (c)]. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed [49 CFR 381.300(b)]. Request for Exemption Miami Nice Tours (Miami) is a motor carrier based in Florida and duly registered with FMCSA to transport passengers in interstate commerce. It has applied for an exemption from the E:\FR\FM\16AUN1.SGM 16AUN1 50140 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Notices CDL provisions of part 383 of the FMCSRs for itself and 50 European drivers. It wishes to employ the foreign drivers to conduct approximately 87 motorcoach tours in the United States. Miami states that these drivers ‘‘have a long-term relationship with the passengers; the passengers simply would not book the tour without [these drivers] accompanying them. . . . .’’ A copy of the application for exemption is in the docket listed at the beginning of this notice. Part 383 requires motorcoach drivers to hold a CDL. The foreign drivers do not hold CDLs issued by a U.S. State, but they are licensed to operate motorcoaches in their respective country of residence (Germany, Austria, or Switzerland). Miami seeks the exemption because the foreign drivers cannot satisfy the residency requirement that all States require of applicants for a CDL. Miami states that an exemption is appropriate because Miami asserts that these drivers are likely to achieve a level of safety operating motorcoaches in the U.S. that is equivalent to or greater than the level of safety that would be obtained if they held U.S. CDLs. vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective August 16, 2013. The exemptions expire on August 16, 2015. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. Request for Comments and 5 p.m., Monday through Friday, except Federal holidays. In accordance with 49 U.S.C. Privacy Act: Anyone may search the 31315(b)(4) and 31136(e), FMCSA electronic form of all comments requests public comment on Miami’s received into any of DOT’s dockets by application for an exemption from the the name of the individual submitting CDL requirements of 49 CFR 383.23. The Agency will consider all comments the comment (or of the person signing the comment, if submitted on behalf of received by close of business on an association, business, labor union, or September 16, 2013. Comments will be other entity). You may review DOT’s available for examination in the docket as explained in the ADDRESSES section of Privacy Act Statement for the Federal Docket Management System (FDMS) this notice under the term ‘‘Docket.’’ published in the Federal Register on Issued on: August 9, 2013. January 17, 2008 (73 FR 3316). Larry W. Minor, Associate Administrator for Policy. Background [FR Doc. 2013–20011 Filed 8–15–13; 8:45 am] On May 31, 2013, FMCSA published a notice of receipt of Federal diabetes exemption applications from 24 individuals and requested comments from the public (78 FR 32704). The public comment period closed on July 1, 2013, and one comment was received. FMCSA has evaluated the eligibility of the 24 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2013–0019] emcdonald on DSK67QTVN1PROD with NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 24 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor SUMMARY: VerDate Mar<15>2010 19:06 Aug 15, 2013 Jkt 229001 Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ‘‘A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control’’ (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency’s July 2000 study entitled ‘‘A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.’’ The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 24 applicants have had ITDM over a range of 1 to 38 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the May 31, 2013, Federal Register notice and they will not be repeated in this notice. Discussion of Comments FMCSA received one comment in this proceeding. The comment is considered and discussed below. The Pennsylvania Department of Transportation is in favor of granting an exemption to Kyle P. Cerra, Jeffrey S. Hubbell, and Thomas R. Yecker after reviewing their driving histories. E:\FR\FM\16AUN1.SGM 16AUN1

Agencies

[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50139-50140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20011]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0284]


Commercial Driver's License Standards: Application for Exemption; 
Miami Nice Tours

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Miami Nice Tours (Miami) has applied for 
an exemption from the commercial driver's license (CDL) provisions of 
part 383 of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR 350-399) for itself and 50 European drivers. Miami, a motor 
carrier, would employ the 50 European drivers to conduct approximately 
87 motorcoach tours in the United States annually. Part 383 requires 
motorcoach drivers to hold a CDL issued by a U.S. State. While each 
driver is licensed to operate a motorcoach in his or her European 
country of residence, States do not issue CDLs to non-residents. Miami 
believes that these drivers are likely to achieve a level of safety 
that is equivalent to or greater than the level of safety that would be 
obtained if they held U.S. CDLs.

DATES: Comments must be received on or before September 16, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2013-0284 by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     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, DOT Building, 1200 New Jersey Avenue SE., between 9:00 
a.m. and 5:00 p.m. e.t., Monday through Friday, except Federal 
holidays.
     Instructions: All submissions must include the Agency name 
and docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
     Docket: For access to the docket to read background 
documents or comments received, go to www.regulations.gov at any time 
and in the box labeled ``SEARCH for'' enter FMCSA-2013-0284 and click 
on the tab labeled ``SEARCH.''
     Privacy Act: Anyone can search the electronic form of 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
     Public Participation: The Federal eRulemaking Portal is 
available 24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines by clicking on the word 
``Help'' at the top of the Portal home page. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant 
exemptions from certain parts of the FMCSRs. The Agency is required to 
publish a notice of each exemption request in the Federal Register [49 
CFR 381.315(a)]. FMCSA must provide the public an opportunity to 
inspect the information relevant to the application, including any 
safety analyses that have been conducted. The Agency must also provide 
an opportunity for public comment on the request.
    FMCSA reviews safety analyses and public comments submitted and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register with the reasons 
for denying or granting the application, and if granted, the name of 
the person or class of persons receiving the exemption and the 
regulatory provisions from which the exemption is granted [49 CFR 
381.315(b) and (c)]. The notice must also specify the effective period 
and explain the terms and conditions of the exemption. The exemption 
may be renewed [49 CFR 381.300(b)].

Request for Exemption

    Miami Nice Tours (Miami) is a motor carrier based in Florida and 
duly registered with FMCSA to transport passengers in interstate 
commerce. It has applied for an exemption from the

[[Page 50140]]

CDL provisions of part 383 of the FMCSRs for itself and 50 European 
drivers. It wishes to employ the foreign drivers to conduct 
approximately 87 motorcoach tours in the United States. Miami states 
that these drivers ``have a long-term relationship with the passengers; 
the passengers simply would not book the tour without [these drivers] 
accompanying them. . . . .'' A copy of the application for exemption is 
in the docket listed at the beginning of this notice.
    Part 383 requires motorcoach drivers to hold a CDL. The foreign 
drivers do not hold CDLs issued by a U.S. State, but they are licensed 
to operate motorcoaches in their respective country of residence 
(Germany, Austria, or Switzerland). Miami seeks the exemption because 
the foreign drivers cannot satisfy the residency requirement that all 
States require of applicants for a CDL. Miami states that an exemption 
is appropriate because Miami asserts that these drivers are likely to 
achieve a level of safety operating motorcoaches in the U.S. that is 
equivalent to or greater than the level of safety that would be 
obtained if they held U.S. CDLs.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Miami's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on September 16, 2013. Comments 
will be available for examination in the docket as explained in the 
ADDRESSES section of this notice under the term ``Docket.''

    Issued on: August 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-20011 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-EX-P