
[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Notices]               
[Page 44313-44314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy08-128]                         

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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: 
MCPSD@dot.gov.

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
