Notice2021-14981
Commercial Driver's License: Tornado Bus Company; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA has received an application from the Tornado Bus Company (Tornado) requesting an exemption for its drivers who currently hold a Mexican Licencia Federal de Conductor from the following provisions of the Federal Motor Carrier Safety Regulations (FMCSRs); general entry- level driver training (ELDT) requirements; the commercial driver's license (CDL) knowledge test required to obtain a commercial learner's permit (CLP); the skills test required for CLP holders to obtain a CDL; and the knowledge and skills test requirements for a CDL passenger endorsement. Tornado specifically requests the exemption for its drivers who have been granted permanent resident status from the Department of Homeland Security (DHS) and have over two years' experience driving in the United States and Mexico. FMCSA requests public comment on Tornado's application for exemption.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37209-37210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14981]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0134]
Commercial Driver's License: Tornado Bus Company; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA has received an application from the Tornado Bus Company
(Tornado) requesting an exemption for its drivers who currently hold a
Mexican Licencia Federal de Conductor from the following provisions of
the Federal Motor Carrier Safety Regulations (FMCSRs); general entry-
level driver training (ELDT) requirements; the commercial driver's
license (CDL) knowledge test required to obtain a commercial learner's
permit (CLP); the skills test required for CLP holders to obtain a CDL;
and the knowledge and skills test requirements for a CDL passenger
endorsement. Tornado specifically requests the exemption for its
drivers who have been granted permanent resident status from the
Department of Homeland Security (DHS) and have over two years'
experience driving in the United States and Mexico. FMCSA requests
public comment on Tornado's application for exemption.
DATES: Comments must be received on or before August 13, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2020-0134 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow
the online instructions for submitting comments.
<bullet> Mail: Send comments to Docket Operations, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Deliver comments to Docket
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday,
except Federal holidays.
<bullet> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or visit 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., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to
[[Page 37210]]
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4225. Email: <a href="/cdn-cgi/l/email-protection#420f0112110602262d366c252d34"><span class="__cf_email__" data-cfemail="4c010f1c1f080c282338622b233a">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0134), 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2020-0134'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. 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. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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 any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
The Agency 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 (49 CFR
381.315(b)) 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 provision from which the exemption is
granted. 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)).
III. Background
Under 49 CFR 380.609 driver training is required after February 7,
2022 for individuals applying for a Commercial Driver's License (CDL)
for the first time; upgrading their current CDL from Class B to Class
A; or obtaining a new Passenger (P); School bus (S); or Hazardous
materials (H) endorsement. All drivers of commercial motor vehicles
(CMVs) requiring a CDL must have the knowledge and skills specified in
49 CFR 383.111 and 383.113, respectively. An applicant for a P
endorsement to a CDL must satisfy both the knowledge and skills
required by 49 CFR 383.117.
Tornado Bus Company has requested an exemption from 49 CFR 380.609
and 49 CFR 383.111, 383.113, and 383.117. A copy of the exemption
application is included in the docket.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Tornado's exemption application.
All comments received before the close of business on the comment
closing date indicated at the beginning of this notice 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-14981 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.