[Federal Register: July 9, 2007 (Volume 72, Number 130)]
[Notices]
[Page 37306-37307]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy07-138]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-28479]
Definition of Commercial Motor Vehicle: The EI Group, Inc.,
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The FMCSA announces that it has received an application from
The EI Group, Inc. (EI) seeking an exemption from classifying a
specific motor vehicle as a commercial motor vehicle (CMV), for
purposes of driver licensing requirements. Under the exemption, EI
employees would not be required to comply with commercial driver's
license requirements when operating a specifically-listed truck and
trailer in combination, in interstate commerce. EI is requesting the
exemption on behalf of all EI employees, and those contracted by EI,
who operate its CMVs. EI states that approximately three EI drivers
will be allowed to operate the subject equipment under the requested
exemption. FMCSA requests public comment on EI's application for
exemption.
DATES: Comments must be received on or before August 8, 2007.
ADDRESSES: You may submit comments identified by DOT DMS Docket No.
FMCSA-2007-28479 using any of the following methods:
Web Site: Go to http://dmses.dot.gov/submit. Follow the
instructions for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Ave., SE., Washington, DC
20590.
Hand Delivery: Room W12-140, Ground Floor of West
Building, U.S. Department of Transportation, 1200 New Jersey Ave., SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or Room W12-
140, Ground Floor of West Building, U.S. Department of Transportation,
1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The DMS is
available 24 hours each day, 365 days each year. 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 on-line.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office of Bus and Truck Standards and
Operations: Telephone: 202-366-4009. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from the motor
carrier safety regulations. On August 20, 2004, FMCSA published a final
rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must
publish a notice of each exemption request in the Federal Register (49
CFR 381.315(a)). FMCSA must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted, and it must provide an
opportunity for public comment on the request.
FMCSA reviews the safety analyses and the public comments and
determines whether granting the exemption would achieve a level of
safety equivalent to or greater than the level that would be achieved
absent the exemption (49 CFR 381.305). FMCSA's decision must be
published in the Federal Register (49 CFR 381.315(b)). If FMCSA denies
the request, it must state the reason for doing so. If FMCSA grants the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which exemption is being granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
Request for Exemption
EI is requesting an exemption from the definition of a commercial
motor vehicle (CMV) in 49 CFR 383.5:
[[Page 37307]]
Commercial Motor Vehicle means a motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property
if the motor vehicle--
(a) Has a gross combination weight rating of 11,794 kilograms or
more (26,001 pounds or more) inclusive of a towed unit(s) with a
gross vehicle weight rating of more than 4,536 kilograms (10,000
pounds); or
(b) Has a gross vehicle weight rating of 11,794 or more
kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers, including
the driver; or
(d) Is of any size and is used in the transportation of
hazardous materials as defined in this section.
EI currently owns a truck-trailer combination used to provide
audiometric (hearing) testing services at industrial and commercial
sites. The truck, a 2006 Ford F450, has a gross vehicle weight rating
(GVWR) of 16,000 pounds. The trailer, a 2007 Cimarron, has a GVWR of
14,000 pounds. Together these units have a combined GVWR of 30,000
pounds. EI states these units are never operated in a configuration
that would exceed a gross vehicle weight (GVW) of 26,000 pounds.
According to EI:
a. The truck has a fifth wheel coupling device and no bed or other
means of carrying cargo when coupled to the trailer;
b. The trailer is configured with test booths, furniture and
electronic test equipment, and operating parameters are never varied in
a way that would substantially alter the actual weight of the trailer;
c. Company procedures prohibit the transportation of persons or
cargo in the testing trailer when it is in motion; and
d. The combination of units has been weighed in full operating
configuration and does not exceed 22,000 pounds.
Under current regulations this combination vehicle must be operated
by a driver holding a commercial driver's license (CDL) and must meet
all other applicable Federal Motor Carrier Safety Regulations (FMCSR).
EI currently employs three drivers who may be required to drive this
vehicle. These drivers do not have a CDL and are unable to legally
operate this vehicle combination over public highways. EI currently
employs a contract driver with a CDL to drive the vehicle. The persons
covered by the exemption would include all drivers of the vehicle who
are employed or contracted by EI.
EI states that public safety would not be impacted by granting this
exemption. EI advises that it operates two other testing vehicles. One
is a single unit truck with a GVWR of 24,500 pounds. The second is a
truck-trailer combination with a combined GVWR of 24,500 pounds.
According to EI, these vehicles are operated by EI drivers under strict
supervision. EI states the subject vehicle would also be operated at a
GVW less than 26,000 pounds and, therefore, would not pose a hazard
that is unique or different from those inherent in operating the other
two vehicles currently owned and operated by EI. EI states it would
continue to monitor drivers, require them to undergo regular DOT
physical examinations, and maintain all other aspects of the EI driver
safety program.
EI advises that if FMCSA does not grant the exemption:
A. Current EI drivers not holding or unable to obtain a CDL could
not operate the subject vehicle combination, reducing flexibility in
scheduling and possibly affecting their continued employment;
B. EI would need to hire or contract new CDL drivers, at a higher
rate, to operate this vehicle combination; and
C. EI would be subject to additional overhead and administrative
requirements of maintaining a full CDL driver program as required by
the FMCSRs.
A copy of EI's application for exemption, along with supporting
documentation, is available for review in the docket for this notice.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment on EI's application for exemption from 49 CFR 383.5.
FMCSA will consider all comments received by close of business on
August 8, 2007. Comments will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice. FMCSA will file comments received after the comment closing
date in the public docket and will consider them to the extent
practicable. In addition to late comments, FMCSA will also continue to
file in the public docket relevant information that becomes available
after the comment closing date. Interested persons should monitor the
public docket for new material.
Issued on: June 29, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. E7-13277 Filed 7-6-07; 8:45 am]
BILLING CODE 4910-EX-P