Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 25077 

governments and multijurisdictional 

groups of entities comprised above. 

Frequency: Once each year. 

Estimated Average Burden per 

Response: Approximately 20 hours for 

the comprehensive action plan grants 

and 100 hours for the implementation 

grants per respondent. 

Estimated Total Annual Burden 

Hours: Approximately 120 hours. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burdens; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. chapter 35, as 

amended; 23 U.S.C. 134 and 135; and 23 

CFR chapter 1, subchapter E, part 450. 

Dated: April 22, 2022. 

Michael Howell, 

FHWA Information Collection Officer. 

[FR Doc. 2022–08981 Filed 4–26–22; 8:45 am] 

BILLING CODE P 

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. 

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 entrylevel 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. MCPSD@

dot.gov. 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–2020–0134’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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–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 


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25078 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 

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 oneday’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 

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. 

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: MCPSD@dot.gov. 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 (NewerOlder),’’ 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, 


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