Commercial Driver's License Requirements: Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; Victory Driveaway, Inc., Application for Exemption

Topics:  Dealers' Choice Truckaway System

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

[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37207-37208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14982]


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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: Application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from a 
group of affiliated driveaway motor carriers for an exemption from the 
requirement that drivers transporting certain empty passenger vehicles 
hold a commercial driver's license (CDL). The exemption would cover 
drivers delivering commercial motor vehicles (CMVs) with seating 
capacities of 16 or more, including the driver, but with a gross 
vehicle weight rating (GVWR) of less than 26,001 pounds. The 
application was submitted by Dealers' Choice Truckaway System, Inc. dba 
Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; and Victory 
Driveaway, Inc. (the applicants). The applicants transport minibuses 
from points of manufacture or distribution to school districts around 
the country. They argue that the current shortage of CDL drivers 
threatens to leave bus manufacturers without sufficient means to move 
their minibuses to customers.

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

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2021-0051 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     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 or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 
between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal 
holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2021-0051). 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 20590-0001 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.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its regulatory exemptions 
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: 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 Dockets 
Operations, (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-2021-0051), 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-2021-0051'' 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. FMCSA will consider all comments and material received 
during the comment period.

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. 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 Agency's 
decision 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

    Section 383.3 (49 CFR 383.3) requires that every individual 
operating a CMV in interstate, foreign, or intrastate commerce hold a 
CDL. Under 49 CFR 383.5, the definition of CMV includes a

[[Page 37208]]

motor vehicle designed to transport 16 or more passengers, including 
the driver, even if the vehicle is less than 26,001 pounds. Generally, 
the driver would be required to possess a Class C CDL with a passenger 
endorsement (49 CFR 383.91, 383.93).

Applicants' Request

    The applicants request an exemption from the CDL requirements for a 
driver operating an empty passenger CMV. The seating capacities of the 
minibuses transported by the applicants' drivers may reach 33 
passengers or more, including the driver but in all cases the GVWR is 
less than 26,001 pounds. The applicants state that they have 
experienced challenges finding CDL drivers and that this situation 
threatens to leave bus manufactures without sufficient means to move 
minibuses to distributors and customers. To ensure an equivalent level 
of safety, the applicant emphasizes 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 still hold a valid operators' license.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on the application for an exemption 
from 49 CFR part 383. 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. 2021-14982 Filed 7-13-21; 8:45 am]
BILLING CODE 4910-EX-P