[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44313-44314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17393]
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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; Exemption Application
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), an exemption to enable 22 drivers with German
commercial driver's licenses (CDLs) to operate 11 commercial motor
vehicles (CMVs) in the U.S. without a CDL issued by one of the States.
Rotel conducts tours of the U.S. on a seasonal basis for Europeans. It
uses motor coaches that are equipped with onboard sleeping and eating
facilities. The drivers, in addition to operating the CMVs, provide
oral commentary in German. Rotel previously was able to conduct these
operations without exemption because its drivers were able to obtain
(and renew) non-resident CDLs from certain States. However, there are
currently no States willing to issue non-resident CDLs. Rotel states
that it must obtain this exemption or end its specialty tour
operations.
DATES: This exemption is effective from July 30, 2008 through 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: 202-366-2718. E-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the CDL requirements in 49 CFR 383.23 for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption'' (49 CFR 381.305(a)).
Request for Exemption
Rotel, headquartered in Terre Haute, Indiana, conducts bus tours of
the United States, Canada, and Mexico for Europeans from the end of
March through the middle of October each year. It currently has 22 bus
drivers and 11 customized buses dedicated to these operations. Rotel
states that it offers a unique touring experience in that each of its
buses is equipped with a galley that allows Rotel to offer dining with
European cuisine. In addition, each bus is equipped with sleeping
accommodations for the passengers.
Rotel drivers operate the buses and deliver oral commentary in
German during the tour. The Rotel buses are CMVs as that term is
defined in 49 CFR 383.5. Therefore, the operators of the buses must
possess a valid U.S. CDL (49 CFR 383.23). Until recently, German
drivers could obtain a non-resident CDL in most States. However, Rotel
reports that because of heightened security concerns across the U.S.,
no State currently issues non-resident CDLs. Rotel requests that FMCSA
exempt its 22 bus drivers from the requirement that they possess a CDL
issued by a State, so that the drivers may operate these 11 buses
without a U.S. CDL on a seasonal basis for a period of 2 years.
Rotel's drivers are residents and citizens of Germany. They hold
German CDLs, but the German CDL is not recognized in the U.S. Rotel
prefers to use native German drivers to conduct the tours. Rotel
experimented with using other drivers, but found that the quality of
its service was affected adversely.
A complete list of the names and addresses of the drivers is
included in the docket of this matter. 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. A copy of Rotel's application for exemption is available for
review in the docket for this notice.
Comments
On March 20, 2008, FMCSA published notice of this application, and
asked for public comment (73 FR 15044). Two comments were received to
the public docket. Ms. Deb Carlson of the Department of Public Safety
for the State of Minnesota supported the application by pointing out
that Germany has ``an extensive driver education requirement'' and that
``there should not be any concerns'' in terms of safety if these
drivers were allowed to
[[Page 44314]]
operate in the U.S. The American Bus Association (ABA) opposed the
application, citing safety information about Rotel that it located on
public FMCSA Web sites. ABA expressed concern about Rotel's safety
performance with regard to drivers, CMVs, and overall safety
management. The Agency has examined the safety record of Rotel closely
in each of these areas, and concludes that, while Rotel's safety record
may reflect certain regulatory compliance issues, the information does
not relate to driver licensing and their employees' qualifications to
operate large passenger-carrying vehicles. The record reflects that
Rotel is responsive in correcting safety deficiencies brought to its
attention and that, as a result of an onsite compliance review
conducted by FMCSA in 2007, Rotel currently has a ``satisfactory''
safety rating, as defined in 49 CFR part 385.
FMCSA Decision
The FMCSA has evaluated Rotel's application and the public comments
on their merits. The Agency believes that Rotel's overall safety
performance as reflected in its ``satisfactory'' rating, as well as the
knowledge and skills possessed by these drivers as a result of the
training program to which all German CDL applicants are exposed, ensure
that each of these 22 drivers will likely achieve a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption (49 CFR 381.305(a)). The Agency hereby grants the
exemption for a two-year period, beginning July 30, 2008 and ending
July 30, 2010 for the following Rotel drivers: Josef Dangl, Reinfried
Dangl, Herbert Erber, Helmut Erbersdobler, Wilhelm Fuchs, Ludwig
Gerlsberger, Christian Hafner, Peter Hess, Michael Huber, Gerhard
Kinateder, Hermann Lichtenauer, Franz Manzinger, Fabian Maurer, Jens
Radloff, Rudolf Ramsl, Paul Schl[ouml]gl, Walter Schreiner, Josef
Stockinger, Josef Vogl, Klaus Weber, Markus W[ouml]lfl, and Norbert
Zechmeister.
Interested parties possessing information that would demonstrate
that any or all of these drivers are not achieving the requisite
statutory level of safety should immediately notify 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 23, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-17393 Filed 7-29-08; 8:45 am]
BILLING CODE 4910-EX-P