[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]
[Page 45200-45201]
[DOCID:fr02au10-148]

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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; Application for Renewal of Exemption

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA renews an exemption held by 22 drivers of Rotel North
American Tours, LLC (Rotel) to enable them to operate commercial motor
vehicles (CMVs) in the U.S. with German commercial driver's licenses
(CDLs) and without CDLs 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.

DATES: This exemption is effective from July 31, 2010, through July 30,
2012.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA
Driver and Carrier Operations Division, Office of Bus and Truck
Standards and Operations. Telephone:<PHONE_NUMBER>. E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR part 383, operators of CMVs are required to possess a
valid CDL issued by one of the States of the U.S. (49 CFR 383.23).
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from
certain regulatory requirements, including the CDL requirements of 49
CFR part 383 for a 2-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)).

Rotel's 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 defined in 49 CFR
383.5. Therefore, the operators of the buses must possess a valid U.S.
CDL (49 CFR 383.23). At one time, Rotel's 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 continue to 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 tour service was affected adversely.
    Rotel believes that each of these drivers possesses 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.

Method To Ensure an Equivalent or Greater Level of Safety

    Drivers applying for a German-issued CDL must undergo a training
program and pass knowledge and skills tests. FMCSA has previously
determined in this matter that the process for obtaining a German-
issued CDL adequately assesses the driver's ability to operate CMVs in
the U.S. safely. Therefore, the process for obtaining a German-issued
CDL is considered to be comparable to, or as effective as, the
requirements of 49 CFR part 383 for obtaining a CDL in the U.S.

Comments

    On June 14, 2010, FMCSA published notice of this application for
renewal, and asked for public comment (75 FR 33661). No comments were
received in the public docket by the close of the comment period.

FMCSA Decision

    The FMCSA has evaluated Rotel's application for renewal, and
believes that Rotel's overall safety performance as reflected in its
2010 FMCSA ``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 has granted the exemption for a two-year
period, from July 31, 2010, through July 30, 2012, 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.

Terms and Conditions of the Exemption

    This exemption is subject to the following terms and conditions:
(1) That each driver is subject to the drug and alcohol regulations of
49 CFR part 382, including testing, (2) that each driver is subject to
the same driver disqualification rules under 49 CFR parts 383 and 391
that apply to other CMV drivers in the United States, (3) that each
driver keep a copy of the exemption on the vehicle at all times, (4)
that Rotel notify FMCSA in writing of any accident, as defined in 49
CFR 390.5, involving these drivers, (5) that Rotel notify FMCSA in
writing if any of these drivers is convicted of a disqualifying offense
identified in section 383.51 or 391.15 of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless earlier revoked by the FMCSA. The exemption
will be revoked if: (1) The Rotel drivers fail to comply with the terms
and conditions of the exemption, (2) the exemption results in a lower
level of safety than was maintained before it was granted or (3) the
exemption becomes inconsistent with the goals and objectives of 49
U.S.C. 31315 and 31136. 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.
    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with the exemption with respect to a person operating under the
exemption (49 U.S.C. 31315(d)).

    Issued on: July 26, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-18820 Filed 7-30-10; 8:45 am]
BILLING CODE 4910-EX-P