Notice2022-08934
Commercial Driver's License: Tornado Bus Company (Tornado); 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
April 27, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the exemption request from the Tornado Bus Company (Tornado). Tornado requests an exemption from certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) for its drivers who currently hold a Mexican Licencia Federal de Conductor (LFC), and are seeking permanent resident status in the United States through the Department of Homeland Security and have over two years' experience driving in the United States (U.S.) and Mexico. The exemption would cover general entry-level driver training (ELDT) requirements, required knowledge testing for the commercial driver's license (CDL), required skills testing for the CDL, and requirements for knowledge and skills testing to obtain a CDL passenger endorsement. FMCSA analyzed the exemption application and public comments and determined that the application does not demonstrate that the exemption would likely ensure a level of safety equivalent to or greater than would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25077-25078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08934]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0134]
Commercial Driver's License: Tornado Bus Company (Tornado);
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the exemption request
from the Tornado Bus Company (Tornado). Tornado requests an exemption
from certain provisions of the Federal Motor Carrier Safety Regulations
(FMCSRs) for its drivers who currently hold a Mexican Licencia Federal
de Conductor (LFC), and are seeking permanent resident status in the
United States through the Department of Homeland Security and have over
two years' experience driving in the United States (U.S.) and Mexico.
The exemption would cover general entry-level driver training (ELDT)
requirements, required knowledge testing for the commercial driver's
license (CDL), required skills testing for the CDL, and requirements
for knowledge and skills testing to obtain a CDL passenger endorsement.
FMCSA analyzed the exemption application and public comments and
determined that the application does not demonstrate that the exemption
would likely ensure a level of safety equivalent to or greater than
would be achieved absent such exemption.
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#f6bbb5a6a5b2b6929982d8919980"><span class="__cf_email__" data-cfemail="bdf0feedeef9fdd9d2c993dad2cb">[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
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2020-0134'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2020-0134'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, 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.
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 achieved
without the exemption (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 (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
Under 49 CFR 380.609, as of February 7, 2022, entry-level driver
training (ELDT) is required for individuals applying for a Commercial
Driver's License (CDL) for the first time; upgrading a current CDL from
Class B to Class A; or obtaining a Passenger (P), School bus (S), or
Hazardous materials (H) endorsement for the first time. 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.
Applicant's Request
Tornado requested an exemption from the following regulatory
requirements: 49 CFR 380.609 (General ELDT requirements); 49 CFR
383.111 (Required knowledge); 49 CFR 383.113 (Required skills); and 49
CFR 383.117 (Requirements for passenger endorsement) for its drivers
who currently hold an LFC and are seeking permanent resident status in
the United States from the Department of Homeland Security. Tornado
requested the exemption because it is experiencing a shortage of
qualified drivers to support its operation, with adverse effects on its
finances.
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, Tornado emphasizes that
the operation of its vehicles would not be impacted since all drivers
will have over two years of experience driving buses in the U.S. and
Mexico. When hired, all Tornado drivers receive training in the U.S.,
which includes the
[[Page 25078]]
following topics: (1) Hours of service; (2) vehicle inspections; (3)
drug and alcohol; (4) safety and security; (5) Americans With
Disabilities Act (ADA); (6) equipment training; and (7) Smith System
Training (defensive driving classroom and operational). Tornado did not
provide specific information addressing the content or rigor of the
training it provides.
V. Public Comments
On July 14, 2021, FMCSA published notice of Tornado's application
and requested public comments (86 FR 37209). The Agency received
comments from the International Brotherhood of Teamsters (Teamsters)
and two individuals. All three commenters opposed the exemption
request. The Teamsters said that Tornado has not sufficiently
demonstrated that the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulations. According to the Teamsters:
Tornado states that the drivers for which they are seeking
exemptions from the FMCSRs will have had over two years of
experience driving in the U.S. and Mexico. But that experience is
not differentiated by country. By their broad statement, it cannot
be determined if a driver has more than one-day's experience driving
in the U.S., and that most of the time has been spent operating in
Mexico.
The Teamsters added:
Tornado offers no specifics like the number of hours of in-
classroom training it offers its drivers hired in the U.S., other
than stating what subjects it includes in its training. Tornado's
application for exemption contains no safety analysis and it states
that its operation `is significantly affected financially' once
their drivers obtain permanent residence status due to the time
consumption to process their CDL. Financial considerations should
never outweigh safety.
In summary, the Teamsters concluded, ``these drivers who receive
permanent residence status must operate in the U.S. with a U.S. CDL.
They no longer can use the Mexican LFC. Therefore, they must take the
necessary steps to qualify for the U.S. CDL.''
The two individual commenters stated that the Agency should not
grant exemptions based on financial considerations and that doing so
would result in a weakening of the necessary training that these
drivers would otherwise receive.
VI. FMCSA Safety Analysis and Decision
FMCSA evaluated the Tornado application and the public comments and
is denying the exemption. In order to obtain a CDL an applicant must
pass both skills and knowledge tests to demonstrate the proficiency
required to safely operate a CMV on a public road. In addition,
beginning February 7, 2022, the Agency's entry-level driver training
standards apply to individuals applying for a CDL for the first time;
an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A
CDL); or a hazardous materials (H), passenger (P), or school bus (S)
endorsement for the first time.
Because the applicant did not provide any specific information on
either the content or rigor of the training it provides for its drivers
hired to operate in the U.S., FMCSA has no basis to conclude that
granting the exemption would achieve a level of safety equivalent to,
or greater than the level achieved without the exemption.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08934 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on April 27, 2022.
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