Notice2021-14982
Commercial Driver's License Requirements: Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; Victory Driveaway, Inc., Application for Exemption
Primary source
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Published
July 14, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces that it has received an application from a group of affiliated driveaway motor carriers for an exemption from the requirement that drivers transporting certain empty passenger vehicles hold a commercial driver's license (CDL). The exemption would cover drivers delivering commercial motor vehicles (CMVs) with seating capacities of 16 or more, including the driver, but with a gross vehicle weight rating (GVWR) of less than 26,001 pounds. The application was submitted by Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; and Victory Driveaway, Inc. (the applicants). The applicants transport minibuses from points of manufacture or distribution to school districts around the country. They argue that the current shortage of CDL drivers threatens to leave bus manufacturers without sufficient means to move their minibuses to customers.
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 37207-37208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14982]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0051]
Commercial Driver's License Requirements: Dealers' Choice
Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM
Canada, Inc.; Victory Driveaway, Inc., Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT)
ACTION: Application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received an application from a
group of affiliated driveaway motor carriers for an exemption from the
requirement that drivers transporting certain empty passenger vehicles
hold a commercial driver's license (CDL). The exemption would cover
drivers delivering commercial motor vehicles (CMVs) with seating
capacities of 16 or more, including the driver, but with a gross
vehicle weight rating (GVWR) of less than 26,001 pounds. The
application was submitted by Dealers' Choice Truckaway System, Inc. dba
Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; and Victory
Driveaway, Inc. (the applicants). The applicants transport minibuses
from points of manufacture or distribution to school districts around
the country. They argue that the current shortage of CDL drivers
threatens to leave bus manufacturers without sufficient means to move
their minibuses to customers.
DATES: Comments must be received on or before August 13, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2021-0051 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets 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: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001
between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal
holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2021-0051). 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 20590-0001 between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory exemptions
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: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-2722; <a href="/cdn-cgi/l/email-protection#68252b383b2c280c071c460f071e"><span class="__cf_email__" data-cfemail="7d303e2d2e393d191209531a120b">[email protected]</span></a>. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations, (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-2021-0051), 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-2021-0051'' 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. FMCSA will consider all comments and material received
during the comment period.
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. 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 Agency's
decision 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Section 383.3 (49 CFR 383.3) requires that every individual
operating a CMV in interstate, foreign, or intrastate commerce hold a
CDL. Under 49 CFR 383.5, the definition of CMV includes a
[[Page 37208]]
motor vehicle designed to transport 16 or more passengers, including
the driver, even if the vehicle is less than 26,001 pounds. Generally,
the driver would be required to possess a Class C CDL with a passenger
endorsement (49 CFR 383.91, 383.93).
Applicants' Request
The applicants request an exemption from the CDL requirements for a
driver operating an empty passenger CMV. The seating capacities of the
minibuses transported by the applicants' drivers may reach 33
passengers or more, including the driver but in all cases the GVWR is
less than 26,001 pounds. The applicants state that they have
experienced challenges finding CDL drivers and that this situation
threatens to leave bus manufactures without sufficient means to move
minibuses to distributors and customers. To ensure an equivalent level
of safety, the applicant emphasizes that the drivers would transport
empty passenger CMVs with a GVW less than 26,001 pounds, would remain
subject to the driver qualification standards in 49 CFR part 391, and
would still hold a valid operators' license.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application for an exemption
from 49 CFR part 383. 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. 2021-14982 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P
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