Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 37207 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–14983 Filed 7–13–21; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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: 

• 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 W12–140, 

Washington, DC 20590–0001. 

• 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. 

• 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 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 

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 

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) 366–2722; MCPSD@

dot.gov. 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 

www.regulations.gov 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 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, 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. 

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 


lotter on DSK11XQN23PROD with NOTICES1
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 


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