[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4881-4883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1983]


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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; Application for Renewal of Exemption; Request for Comments

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

ACTION: Notice of application for renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces that Rotel North American Tours, LLC (Rotel), 
has applied for renewal of its current exemption permitting 22 drivers 
employed by Rotel and possessing German CDLs, to operate commercial 
motor vehicles in the United States without a CDL issued by one of the 
States. Of the 22 named drivers, five drivers are new and will be 
replacing five drivers who are no longer employed by Rotel. Like the 
other 17 Rotel drivers operating under the current exemption, the five 
new drivers are non-residents of the U.S. and holders of German CDLs. 
Rotel asks that the current exemption, due to expire July 30, 2012, be 
renewed subject to the terms and conditions of the current exemption 
for an additional period of 2 years. The five new Rotel drivers would 
be subject to all the terms and conditions of the renewed exemption. 
FMCSA requests public comments on Rotel's application.

DATES: If approved, this exemption would be effective from July 31, 
2012 through July 30, 2014. Comments must be received on or before 
March 1, 2012.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2008-0078 by any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. In 
the ENTER KEYWORD OR ID box enter FMCSA-2008-0078 and click on the tab 
labeled SEARCH. On the ensuing page, click on any tab labeled SUBMIT A 
COMMENT on the extreme right of the page and a page should open that is 
titled ``Submit a Comment.'' You may identify yourself under section 1, 
ENTER INFORMATION, or you may skip section 1 and remain anonymous. You 
enter your comments in section 2, TYPE COMMENT & UPLOAD FILE. When you 
are ready to submit your comments, click on the tab labeled SUBMIT. 
Your comment is then submitted to the docket; and you will receive a 
tracking number.

[[Page 4882]]

     Fax: 1 (202) 493-2251.
     Mail: Docket Management Facility: 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. 
e.t., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. 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 www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov at any time, and in the 
ENTER KEYWORD OR ID box enter FMCSA-2008-0078 and click on the tab 
labeled SEARCH.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's online privacy policy at 
www.dot.gov/privacy or the complete Privacy Act Statement in the 
Federal Register published on December 29, 2010 (75 FR 82133).
    Public Participation: The www.regulations.gov Web site is generally 
available 24 hours each day, 365 days each year. You can obtain 
electronic submission and retrieval help and guidelines under the 
``help'' section of the www.regulations.gov Web site. If you want us to 
notify you that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Telephone: (202) 366-4325. Email: [email protected].

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 authority to grant exemptions from motor 
carrier safety regulations. Under its regulations, FMCSA must publish a 
notice of each exemption application 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 application.
    The Agency reviews the safety analyses and the public comments, 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 complying with 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 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 (up 
to 2 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).
    The FMCSA has granted comparable exemptions for Rotel drivers in 
the past, beginning in 2008. The most recent Agency notice of final 
disposition was published on August 2, 2010, granting exemption for the 
same purpose to 22 Rotel drivers with German CDLs (75 FR 45200). 
Further information about past Rotel exemption requests and approvals 
is contained in the docket FMCSA-2008-0078 at www.regulations.gov.

Rotel's Request for Renewal

    Rotel is a German bus company that has offered German visitors 
tours of North America by bus for over 35 years. Rotel imports its own 
buses, which are licensed in the United States and meet all U.S. 
requirements. German drivers are preferred because they speak the 
language fluently and perform a variety of services for the visitors in 
addition to driving.
    By letter dated October 21, 2011, Rotel applied for renewal of its 
current exemption from the requirement that operators of CMVs obtain a 
CDL from one of the States. The letter is available in the docket for 
this notice. Rotel asks that the 17 individuals who are currently 
exempt continue to be exempt from the CDL licensing requirement of 49 
CFR 383.23 for an additional 2 years. Rotel asks that five new drivers 
replacing five of the Rotel drivers who are no longer employed be 
exempted from the CDL requirements and be subject to the terms and 
conditions of the renewed exemption. Each of these individuals is a 
non-resident of the U.S., a holder of a valid German CDL, and an 
experienced CMV operator. The drivers are, as follows:

Josef Dangl, Reinfried Dangl, Michael Eiler, Klaus Endres, Helmut 
Erbersdobler, Reinhard Freudenstein, Alexander Friedl, Peter Hess, 
Gerhard Kinateder, Hermann Lichtenauer, Karl Lippl, Horst Mahl, Franz 
Manzinger, Fabian Maurer, Rudolf Ramsl, Paul Schl[ouml]gl, Karl-Heinz 
Schmitz, Josef Stockinger, Josef Vogl, Klaus Weber, Markus W[ouml]lfl, 
Norbert Zechmesiter

    Rotel believes these drivers possess sufficient knowledge, skills, 
and experience to ensure a level of safety that is equivalent to, or 
greater than, the level of safety that would be obtained by complying 
with the requirement for a U.S. CDL. If the Agency determines that this 
application should be granted, the Rotel drivers would be subject to 
the terms and conditions of the current Rotel exemption. In accordance 
with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comments 
on Rotel's request for its exemption to allow the 22 Rotel CDL drivers 
named above to be exempt from 49 CFR 383.23 from July 31, 2012, through 
July 30, 2014.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying for a German-issued CDL must undergo a training 
program and pass knowledge and skills tests. FMCSA has previously 
determined that the process for obtaining a German-issued CDL 
adequately assesses the driver's ability to safely operate CMVs in the 
U.S.. Therefore, the process for obtaining a German-issued CDL is 
considered to be comparable to, or as effective as, the requirements of 
49 CFR part 383 for obtaining a CDL in the United States.
    As with any application for any exemption, FMCSA will review all 
available records for any possible information that would be relevant 
to the approval of the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comments on the renewal of Rotel's exemption from the 
requirements of 49 CFR 383.23. The FMCSA will review all comments 
received and determine whether the renewal of the exemption is 
consistent

[[Page 4883]]

with the requirements of 49 U.S.C. 31315 and 31136(e). Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable.

    Issued on: January 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-1983 Filed 1-30-12; 8:45 am]
BILLING CODE 4910-EX-P