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, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0083] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillators (ICDs) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from three individuals for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against operation 

of a commercial motor vehicle (CMV) by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 

failure. If granted, the exemptions 

would enable these individuals with 

ICDs to operate CMVs in interstate 

commerce. 

DATES: Comments must be received on 

or before May 27, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket ID 

FMCSA–2022–0083 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0083, in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• 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: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., ET, 


lotter on DSK11XQN23PROD with NOTICES1