[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34073-34074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16586]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0078]


Commercial Driver's License (CDL) Standards; Rotel North American 
Tours, LLC; Amendment of Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant Rotel North American 
Tours, LLC (Rotel), amendment of its existing exemption that permits 22 
named drivers, employed by Rotel and possessing German CDLs, to operate 
commercial motor vehicles (CMVs) in the U.S. without a CDL issued by 
one of the States. The Rotel roster of its 22 exempt drivers is amended 
to permit three new Rotel drivers to be substituted for three drivers 
no longer employed by Rotel. The new Rotel drivers are subject to all 
the terms and conditions of the current exemption, including its 
expiration date of July 30, 2010.

DATES: This exemption is effective upon publication and expires on July 
30, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA 
Driver and Carrier Operations Division, Office of Bus and Truck 
Standards and Operations: Telephone: 202-366-4325. E-mail: 
<a href="/cdn-cgi/l/email-protection#ade0eefdfee9edc9c2d983cac2db"><span class="__cf_email__" data-cfemail="a9e4eaf9faede9cdc6dd87cec6df">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide FMCSA authority to grant exemptions from its 
motor carrier safety regulations, including the HOS rules. The 
procedure for requesting an exemption is prescribed in 49 CFR part 381. 
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, and to comment 
on the request.
    The Agency must review the safety analyses and public comments. 
Then it may grant the exemption for up to 2 years if it finds ``such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption'' (49 CFR 381.305). The decision of the Agency must be 
published in the Federal Register (49 CFR 381.315(b)) with the reason 
for denying or, in the alternative, the specific person or class of 
persons receiving the exemption, and the regulatory provision or 
provisions from which the exemption is granted. The notice must also 
specify the effective period of the exemption and its terms and 
conditions.
    Rotel provides seasonal motorcoach tours for non-English speaking 
tourists. The service is unique because the drivers of these buses 
serve as the tour guides, providing oral commentary to the passengers 
in their native language, usually German. Rotel states that none of the 
States of the U.S. will issue CDLs to these drivers because they are 
not State residents. Until recent years, Rotel drivers were able to 
obtain a nonresident CDL from certain States. Rotel asserts that 
without the exemption from the requirement that its drivers have a CDL 
issued by a State, it would have to terminate these tour operations. 
Complete details of Rotel's operations, including the names of the 
drivers, can be found in its original application, dated August 27, 
2007, which is contained in the docket of this notice.
    On July 30, 2008, FMCSA granted, after notice and comment, Rotel's 
request to allow 22 drivers, each holding a German CDL, to operate 
Rotel motor coaches in the U.S. without a CDL issued by one of the 
States as required by 49 CFR 383.23 (73 FR 44313). FMCSA found that 
these drivers, operating specialty tour buses in the U.S., would 
``likely achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption,'' in 
accordance with 49 CFR 381.305. The two-year exemption expires on July 
30, 2010.

Comments

    On May 5, 2009, FMCSA published notice of this application to 
withdraw 3 Rotel drivers previously approved for this exemption but no 
longer employed by Rotel, Jens Radloff, Christian Hafner, and Ludwig 
Gerlsberger, and to substitute 3 new drivers, Klaus Endres, Sebastian 
Nicki, and Karl-Heinz Schmitz, in their place on the roster of exempt 
Rotel drivers. The Agency asked for public comment (74 FR 20776). No 
comments were submitted to the docket.

FMCSA Decision

    The FMCSA has evaluated Rotel's application for amendment. The 
Agency grants Rotel's request that three former Rotel drivers, 
originally approved for this exemption, Jens Radloff, Christian Hafner, 
and Ludwig Gerlsberger be dropped from the roster of exempt drivers. 
The Agency believes that the three new drivers, Klaus Endres, Sebastian 
Nicki, and Karl-Heinz Schmitz, are qualified to replace the drivers 
dropped from the Rotel roster. Like the other 19 Rotel drivers already 
operating under the exemption, the three new drivers are non-residents 
of the U.S. and holders of German CDLs. The FMCSA finds that they 
possess sufficient knowledge, skills, and experience to ensure a level 
of safety that is equivalent to, or greater than, the

[[Page 34074]]

level of safety that would be obtained by complying with the 
requirement for a U.S. CDL. Therefore, FMCSA hereby grants exemption 
for the balance of the two-year period of the exemption which ends on 
July 30, 2010. The three new Rotel drivers are subject to the terms and 
conditions of the original Rotel exemption.
    Interested parties possessing information that would demonstrate 
that any or all of these 22 drivers are not achieving the requisite 
statutory level of safety should immediately notify the FMCSA. The 
Agency will evaluate any such information, and, if safety is being 
compromised or if the continuation of the exemption is not consistent 
with 49 U.S.C. 31315(b)(4) and 31136(e), will take immediate steps to 
revoke the exemption of the driver(s) in question, as well as Rotel's 
exemption if warranted.

    Issued on: July 2, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-16586 Filed 7-13-09; 8:45 am]
BILLING CODE 4910-EX-P


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