Commercial Driver's License: Tornado Bus Company; Application for Exemption

Topics:  Tornado Bus Company

Larry W. Minor
Federal Motor Carrier Safety Administration
14 July 2021

[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37209-37210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14981]


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 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0134]


Commercial Driver's License: Tornado Bus Company; Application for 
Exemption

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

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

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SUMMARY: FMCSA has received an application from the Tornado Bus Company 
(Tornado) requesting an exemption for its drivers who currently hold a 
Mexican Licencia Federal de Conductor from the following provisions of 
the Federal Motor Carrier Safety Regulations (FMCSRs); general entry-
level driver training (ELDT) requirements; the commercial driver's 
license (CDL) knowledge test required to obtain a commercial learner's 
permit (CLP); the skills test required for CLP holders to obtain a CDL; 
and the knowledge and skills test requirements for a CDL passenger 
endorsement. Tornado specifically requests the exemption for its 
drivers who have been granted permanent resident status from the 
Department of Homeland Security (DHS) and have over two years' 
experience driving in the United States and Mexico. FMCSA requests 
public comment on Tornado's application for exemption.

DATES: Comments must be received on or before August 13, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0134 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Docket Operations, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Deliver comments to Docket 
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, 
except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. To be sure someone is there to

[[Page 37210]]

help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4225. 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 and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2020-0134), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2020-0134'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope.

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 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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Background

    Under 49 CFR 380.609 driver training is required after February 7, 
2022 for individuals applying for a Commercial Driver's License (CDL) 
for the first time; upgrading their current CDL from Class B to Class 
A; or obtaining a new Passenger (P); School bus (S); or Hazardous 
materials (H) endorsement. 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.
    Tornado Bus Company has requested an exemption from 49 CFR 380.609 
and 49 CFR 383.111, 383.113, and 383.117. A copy of the exemption 
application is included in the docket.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Tornado's exemption application. 
All comments received before the close of business on the comment 
closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the Addresses section of this notice. Comments 
received after the comment closing date will be filed in the public 
docket and will be considered to the extent practicable. In addition to 
late comments, FMCSA will also continue to file, in the public docket, 
relevant information that becomes available after the comment closing 
date. Interested persons should continue to examine the public docket 
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-14981 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P