[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25077-25078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08934]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0134]


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

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

ACTION: Notice of final disposition; denial of application for 
exemption.

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SUMMARY: FMCSA announces its decision to deny the exemption request 
from the Tornado Bus Company (Tornado). Tornado requests an exemption 
from certain provisions of the Federal Motor Carrier Safety Regulations 
(FMCSRs) for its drivers who currently hold a Mexican Licencia Federal 
de Conductor (LFC), and are seeking permanent resident status in the 
United States through the Department of Homeland Security and have over 
two years' experience driving in the United States (U.S.) and Mexico. 
The exemption would cover general entry-level driver training (ELDT) 
requirements, required knowledge testing for the commercial driver's 
license (CDL), required skills testing for the CDL, and requirements 
for knowledge and skills testing to obtain a CDL passenger endorsement. 
FMCSA analyzed the exemption application and public comments and 
determined that the application does not demonstrate that the exemption 
would likely ensure a level of safety equivalent to or greater than 
would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-2722. [email protected]. If you have questions on 
viewing or submitting material to the docket, contact Docket Services, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2020-0134'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2020-0134'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, 
DC 20590, 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.

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 achieved 
without the exemption (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 (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

    Under 49 CFR 380.609, as of February 7, 2022, entry-level driver 
training (ELDT) is required for individuals applying for a Commercial 
Driver's License (CDL) for the first time; upgrading a current CDL from 
Class B to Class A; or obtaining a Passenger (P), School bus (S), or 
Hazardous materials (H) endorsement for the first time. 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.

Applicant's Request

    Tornado requested an exemption from the following regulatory 
requirements: 49 CFR 380.609 (General ELDT requirements); 49 CFR 
383.111 (Required knowledge); 49 CFR 383.113 (Required skills); and 49 
CFR 383.117 (Requirements for passenger endorsement) for its drivers 
who currently hold an LFC and are seeking permanent resident status in 
the United States from the Department of Homeland Security. Tornado 
requested the exemption because it is experiencing a shortage of 
qualified drivers to support its operation, with adverse effects on its 
finances.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent level of safety, Tornado emphasizes that 
the operation of its vehicles would not be impacted since all drivers 
will have over two years of experience driving buses in the U.S. and 
Mexico. When hired, all Tornado drivers receive training in the U.S., 
which includes the

[[Page 25078]]

following topics: (1) Hours of service; (2) vehicle inspections; (3) 
drug and alcohol; (4) safety and security; (5) Americans With 
Disabilities Act (ADA); (6) equipment training; and (7) Smith System 
Training (defensive driving classroom and operational). Tornado did not 
provide specific information addressing the content or rigor of the 
training it provides.

V. Public Comments

    On July 14, 2021, FMCSA published notice of Tornado's application 
and requested public comments (86 FR 37209). The Agency received 
comments from the International Brotherhood of Teamsters (Teamsters) 
and two individuals. All three commenters opposed the exemption 
request. The Teamsters said that Tornado has not sufficiently 
demonstrated that the exemption would likely achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by the 
current regulations. According to the Teamsters:

    Tornado states that the drivers for which they are seeking 
exemptions from the FMCSRs will have had over two years of 
experience driving in the U.S. and Mexico. But that experience is 
not differentiated by country. By their broad statement, it cannot 
be determined if a driver has more than one-day's experience driving 
in the U.S., and that most of the time has been spent operating in 
Mexico.

    The Teamsters added:

    Tornado offers no specifics like the number of hours of in-
classroom training it offers its drivers hired in the U.S., other 
than stating what subjects it includes in its training. Tornado's 
application for exemption contains no safety analysis and it states 
that its operation `is significantly affected financially' once 
their drivers obtain permanent residence status due to the time 
consumption to process their CDL. Financial considerations should 
never outweigh safety.

    In summary, the Teamsters concluded, ``these drivers who receive 
permanent residence status must operate in the U.S. with a U.S. CDL. 
They no longer can use the Mexican LFC. Therefore, they must take the 
necessary steps to qualify for the U.S. CDL.''
    The two individual commenters stated that the Agency should not 
grant exemptions based on financial considerations and that doing so 
would result in a weakening of the necessary training that these 
drivers would otherwise receive.

VI. FMCSA Safety Analysis and Decision

    FMCSA evaluated the Tornado application and the public comments and 
is denying the exemption. In order to obtain a CDL an applicant must 
pass both skills and knowledge tests to demonstrate the proficiency 
required to safely operate a CMV on a public road. In addition, 
beginning February 7, 2022, the Agency's entry-level driver training 
standards apply to individuals applying for a CDL for the first time; 
an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A 
CDL); or a hazardous materials (H), passenger (P), or school bus (S) 
endorsement for the first time.
    Because the applicant did not provide any specific information on 
either the content or rigor of the training it provides for its drivers 
hired to operate in the U.S., FMCSA has no basis to conclude that 
granting the exemption would achieve a level of safety equivalent to, 
or greater than the level achieved without the exemption.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08934 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P


