[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25078-25079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08936]


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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: Notice of final disposition; denial of application for 
exemption.

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SUMMARY: FMCSA announces its decision to deny the exemption request 
submitted by the following affiliated driveaway motor carriers: 
Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger 
Logistics, Inc.; TM Canada, Inc.; and Victory Driveaway, Inc. These 
driveaway carriers jointly sought an exemption from the requirement 
that drivers transporting empty passenger vehicles with seating 
capacities of 16 or more but a gross vehicle weight rating (GVWR) and a 
gross vehicle weight (GVW) of less than 26,001 pounds possess a 
commercial drivers' license (CDL) to do so. The applicants explain that 
they are often called on to transport what they describe as minibuses 
from points of manufacture or distribution to school districts around 
the country, and that the requirement that drivers hold a CDL to 
deliver these empty vehicles is an unnecessary restriction that 
contributes to the driver shortage. FMCSA analyzed the request and 
public comments and determined that the application provided no 
evidence that the exemption would ensure a level of safety equivalent 
to or greater than that 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; Telephone: 202-366-2722. Email: <a href="/cdn-cgi/l/email-protection#7f323c2f2c3b3f1b100b51181009"><span class="__cf_email__" data-cfemail="511c1201021511353e257f363e27">[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 www.regulations.gov, insert the docket 
number ``FMCSA-2021-0051'' 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 www.regulations.gov, insert the docket number 
``FMCSA-2021-0051'' 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,

[[Page 25079]]

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)) 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

    The regulations in 49 CFR 383.3 require that every individual 
operating a commercial motor vehicle (CMV) in interstate, foreign, or 
intrastate commerce hold a valid CDL. Under 49 CFR 383.5, a CMV 
includes a motor vehicle or combination of motor vehicles used in 
commerce to transport passengers if the motor vehicle is a small 
vehicle that does not meet Group A or B requirements but is designed to 
transport 16 or more passengers, including the driver.

Applicant's Request

    The applicants requested an exemption from the CDL requirements for 
a driver operating empty passenger CMVs (``minibuses'') with seating 
capacities ranging from 6 to 33, and sometimes more. In all cases, 
however, the GVWR and GVW of these vehicles are less than 26,001 
pounds. The applicants state that they have experienced challenges 
finding CDL drivers and that bus manufacturers may not be able to move 
minibuses to distributors and customers.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent level of safety, the applicants emphasize 
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 hold a valid operators' 
license.

V. Public Comments

    On July 14, 2021, FMCSA published notice of the application and 
requested public comments (86 FR 37207). The Agency received comments 
from the Advocates for Highway and Auto Safety (Advocates) and an 
individual; both opposed the exemption request. Advocates stated: ``The 
current application must be denied as it fails to meet the statutory 
requirements for such a petition and the exemptions sought would 
significantly degrade public safety. Notably, Petitioners fail to 
indicate any alternative solutions they have attempted to implement to 
address these issues before filing the current Application. The current 
application would result in a needless threat to public safety by 
permitting an untold number of CMVs to be transported by individuals 
without a valid CDL. This would be a drastic departure from current 
established federal regulations. Further, the applicant has failed to 
provide FMCSA with the required analysis and supporting information 
necessitated by statute and thus, should be denied.'' The individual 
commenter stated that the applicant failed to mention the increased 
safety issues that come with driving larger and longer vehicles.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated the joint application and the public comments 
and decided to deny the exemption. Driving a CMV requires a higher 
level of knowledge, experience, skills, and physical abilities than 
that required to drive a non-commercial vehicle. In order to obtain a 
CDL, an applicant must pass both skills and knowledge tests geared to 
these higher standards. Additionally, CDL holders are held to a higher 
standard when operating any type of motor vehicle on public roads. 
Serious traffic violations committed by a CDL holder can affect their 
ability to maintain their CDL certification. CDL operators must adhere 
to a strict and comprehensive set of regulations to keep themselves and 
other drivers safe on the road.
    As Advocates and the individual commenter indicated, the 
application does not meet the statutory requirements for such a 
petition, and the requested exemptions sought would significantly 
degrade public safety. An exemption from the CDL requirements in part 
383 would also automatically exempt the drivers from the drug and 
alcohol testing regulations in 49 CFR part 382. The applicants do not 
provide countermeasures to be undertaken to ensure 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. 
Furthermore, the applicants fail to provide the required analysis and 
supporting information required by statute for submitting this 
application for exemption.
    The Agency cannot ensure that the exemption would achieve the 
requisite level of safety and therefore must deny the application.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08936 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P


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