Federal Register - July 14, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices persons should continue to examine the public docket for new material.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202114983 Filed 71321; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20210051
Commercial Drivers License Requirements: Dealers Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.;
TM Canada, Inc.; Victory Driveaway, Inc., Application for Exemption Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT
ACTION: Application for exemption;
request for comments.
AGENCY:
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 drivers 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
20210051 by any of the following methods:
Federal eRulemaking Portal:
www.regulations.gov. See the Public Participation and Request for Comments section below for further information.
Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building, Ground Floor, Room W12140, Washington, DC 205900001.
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SUMMARY:
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Hand Delivery or Courier: West Building, Ground Floor, Room W12
140, 1200 New Jersey Avenue SE, Washington, DC 205900001 between 9
a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays.
Fax: 202 4932251.
Each submission must include the Agency name and the docket number for this notice FMCSA20210051. Note that DOT posts all comments received without change to 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 www.regulations.gov at any time or visit Room W12140 on the ground level of the West Building, 1200
New Jersey Avenue SE, Washington, DC
205900001 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 3669826 before visiting Dockets Operations.
Privacy Act: In accordance with 5
U.S.C. 553c, 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 www.regulations.gov, as described in the system of records notice DOT/ALL
14 FDMS, which can be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; 202 3662722; MCPSD@
dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, 202 3669826.
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 FMCSA20210051, 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
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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 www.regulations.gov and put the docket number, FMCSA20210051 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 812 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, selfaddressed 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.
31136e 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
381.315a. 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 Agencys decision must be published in the Federal Register 49
CFR 381.315b 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 381.300b.
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
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