37208 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0070] 

Inspection, Repair and Maintenance; 

Inspector Qualifications; Application 

for an Exemption From the American 

Trucking Associations (ATA) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests public comment on an 

application from the American Trucking 

Associations (ATA) for an exemption 

from the Federal Motor Carrier Safety 

Regulations (FMCSRs) that would allow 

an individual who completes a training 

program consistent with a set of 

Recommended Practices (RPs) 

developed by ATA’s Technology and 

Maintenance Council (TMC) to be 

considered a qualified inspector for 

purposes of the periodic inspection rule, 

or a qualified brake inspector, for 

purposes of the brake system inspection, 

repair and maintenance requirements. 

DATES: Comments must be received on 

or before August 13, 2021. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2021–0070 using any of the following 

methods: 

• Website: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Federal electronic docket site. 

• Fax: 1–202–493–2251. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Bring 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m. e.t., Monday–Friday, 

except Federal holidays. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Docket Operations. 

Instructions: All submissions must 

include the Agency name and docket 

number for this notice. 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 http://

www.regulations.gov, including any 

personal information provided. Please 

see the ‘‘Privacy Act’’ heading for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or to Docket 

Operations in Room W12–140, U.S. 

Department of Transportation, West 

Building Ground Floor, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., 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 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 www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

Public participation: The http://

www.regulations.gov website is 

generally available 24 hours each day, 

365 days each year. You may find 

electronic submission and retrieval help 

and guidelines under the ‘‘help’’ section 

of the http://www.regulations.gov 

website as well as the DOT’s http://

docketsinfo.dot.gov website. If you 

would like notification that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgment 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–0676, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

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–2021–0070), indicate 

the specific section of this document to 

which the comment applies, and 

provide a reason for suggestions or 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 37209 

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 comments online, go 

to www.regulations.gov and put the 

docket number, ‘‘FMCSA–2021–0070’’ 

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 81⁄2 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 and may grant or 

not grant this application based on your 

comments. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31315(b) to grant exemptions from 

certain parts of the 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 the safety analyses and the 

public comments 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)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an exemption 

is granted. The notice must specify the 

effective period of the exemption (up to 

5 years) and explain the terms and 

conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.315(c) and 49 CFR 381.300(b)). 

III. ATA Application for Exemption 

The FMCSRs require individuals 

performing (1) annual inspections of 

commercial motor vehicles (CMVs) 

under 49 CFR 396.17, or (2) inspections, 

maintenance, repairs, or service to the 

brake systems on CMVs under § 396.25, 

to be properly qualified to perform such 

inspections. Under §§ 396.19(a)(3)(ii) 

and 396.25(d)(3)(ii), an individual who 

has a combination of training or 

experience totaling at least 1 year as 

outlined in those sections is considered 

to be qualified to conduct those 

inspections. ATA has applied for an 

exemption to allow an individual who 

has successfully completed a training 

program consistent with TMC RPs to be 

a qualified inspector or qualified brake 

inspector without having the required 1 

year of training or experience. A copy of 

the application is included in the docket 

referenced at the beginning of this 

notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(6), FMCSA requests public 

comment from all interested persons on 

ATA’s application for exemption. 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. 2021–14979 Filed 7–13–21; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• 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. 

• 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. 

• 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 

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 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 


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