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Commercial Driver's License Standards: Application for Exemption; Miami Nice Tours

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Commercial Driver's License Standards: Application for Exemption; Miami Nice Tours

Larry W. Minor
Federal Motor Carrier Safety Administration
August 16, 2013


[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50139-50140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20011]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0284]


Commercial Driver's License Standards: Application for Exemption; 
Miami Nice Tours

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Miami Nice Tours (Miami) has applied for 
an exemption from the commercial driver's license (CDL) provisions of 
part 383 of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 
CFR 350-399) for itself and 50 European drivers. Miami, a motor 
carrier, would employ the 50 European drivers to conduct approximately 
87 motorcoach tours in the United States annually. Part 383 requires 
motorcoach drivers to hold a CDL issued by a U.S. State. While each 
driver is licensed to operate a motorcoach in his or her European 
country of residence, States do not issue CDLs to non-residents. Miami 
believes that these drivers are likely to achieve a level of safety 
that is equivalent to or greater than the level of safety that would be 
obtained if they held U.S. CDLs.

DATES: Comments must be received on or before September 16, 2013.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2013-0284 by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; 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, DOT Building, 1200 New Jersey Avenue SE., between 9:00 
a.m. and 5:00 p.m. e.t., Monday through Friday, except Federal 
holidays.
     Instructions: All submissions must include the Agency name 
and docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
     Docket: For access to the docket to read background 
documents or comments received, go to www.regulations.gov at any time 
and in the box labeled ``SEARCH for'' enter FMCSA-2013-0284 and click 
on the tab labeled ``SEARCH.''
     Privacy Act: Anyone can search the electronic form of 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).
     Public Participation: The Federal eRulemaking Portal is 
available 24 hours each day, 365 days each year. You can get electronic 
submission and retrieval help and guidelines by clicking on the word 
``Help'' at the top of the Portal home page. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket, and we will 
consider late comments to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Bus and Truck Standards and 
Operations; Telephone: 202-366-4325. Email: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant 
exemptions from certain parts of the FMCSRs. The Agency is required to 
publish a notice of each exemption request in the Federal Register [49 
CFR 381.315(a)]. FMCSA 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.
    FMCSA 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 decision of 
the Agency must be published in the Federal Register 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 provisions from which the exemption is granted [49 CFR 
381.315(b) and (c)]. The notice must also specify the effective period 
and explain the terms and conditions of the exemption. The exemption 
may be renewed [49 CFR 381.300(b)].

Request for Exemption

    Miami Nice Tours (Miami) is a motor carrier based in Florida and 
duly registered with FMCSA to transport passengers in interstate 
commerce. It has applied for an exemption from the

[[Page 50140]]

CDL provisions of part 383 of the FMCSRs for itself and 50 European 
drivers. It wishes to employ the foreign drivers to conduct 
approximately 87 motorcoach tours in the United States. Miami states 
that these drivers ``have a long-term relationship with the passengers; 
the passengers simply would not book the tour without [these drivers] 
accompanying them. . . . .'' A copy of the application for exemption is 
in the docket listed at the beginning of this notice.
    Part 383 requires motorcoach drivers to hold a CDL. The foreign 
drivers do not hold CDLs issued by a U.S. State, but they are licensed 
to operate motorcoaches in their respective country of residence 
(Germany, Austria, or Switzerland). Miami seeks the exemption because 
the foreign drivers cannot satisfy the residency requirement that all 
States require of applicants for a CDL. Miami states that an exemption 
is appropriate because Miami asserts that these drivers are likely to 
achieve a level of safety operating motorcoaches in the U.S. that is 
equivalent to or greater than the level of safety that would be 
obtained if they held U.S. CDLs.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA 
requests public comment on Miami's application for an exemption from 
the CDL requirements of 49 CFR 383.23. The Agency will consider all 
comments received by close of business on September 16, 2013. Comments 
will be available for examination in the docket as explained in the 
ADDRESSES section of this notice under the term ``Docket.''

    Issued on: August 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-20011 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-EX-P



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