General Qualifications of Drivers: Small Business in Transportation Coalition; Application for Exemption, 66364-66366 [2022-23891]

Download as PDF 66364 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices Because of the nature of their operations, motion picture industry drivers often use the same paper RODS from one carrier to another. In these unique circumstances, using an ELD system would not provide additional accuracy because most duty status information would be manually entered by the drivers. As MPA states, the paper log provides continuity for the carrier and enforcement to evaluate compliance, regardless of the number of carriers for which the driver is operating in a given 7-day or even 24-hour period. FMCSA acknowledges that, given the unique arrangements under which drivers in the motion picture industry routinely operate for multiple carriers over brief periods of time, paper RODS may prove more efficient than ELDs. In addition, MPA members are required to submit their RODS within 24 hours, rather than waiting for the 13day period allowed by 49 CFR 395.8. According to MPA, these ‘‘RODS are reviewed by a third-party auditing company, resulting in accelerated reporting of HOS compliance and an independent assessment of accuracy.’’ FMCSA concludes that provisionally extending the exemption for another five years, under the terms and conditions listed below, will achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved without the exemption. V. Exemption Decision A. Grant of Exemption FMCSA provisionally renews the exemption for a period of five years subject to the terms and conditions of this decision and the absence of public comments that would cause the Agency to terminate the exemption under Sec. V.F. below. The exemption from the ELD requirement under 49 CFR 395.8(a), is otherwise effective January 19, 2023, through January 19, 2028, 11:59 p.m. local time, unless renewed or rescinded. B. Applicability of Exemption The exemption allows all CMV drivers providing transportation to or from a theatrical or television motion picture production site to complete paper RODS instead of using an ELD. lotter on DSK11XQN23PROD with NOTICES1 C. Terms and Conditions When operating under this exemption, motor carriers and drivers are subject to the following terms and conditions: (1) Motor carriers and drivers must comply with all other applicable Federal Motor Carrier Safety Regulations (49 CFR part 350–399); VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 (2) Drivers must have a copy of this notice in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request; (3) Drivers must not be subject to any out-of-service order or suspension of their driving privileges; and (4) Carriers operating under this exemption may not have an ‘‘Unsatisfactory’’ rating with FMCSA or be subject to any imminent hazard or out-of-service orders. D. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. E. Notification to FMCSA Motor carriers operating under this exemption must notify FMCSA within five business days of any crash (as defined in 49 CFR 390.5), involving any of their CMVs operating under the terms of the exemption. The notification must include the following information: (a) Identity of Exemption: ‘‘MPA,’’ (b) Name and USDOT number of the operating motor carrier, (c) Date of the crash, (d) City or town, and State, in which the accident occurred, or closest to the accident scene, (e) Driver’s name and license number, (f) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the crash, (j) Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and (k) The driver’s total driving time and total on-duty time since the last ten (if operating under 49 CFR 395.3(a)) or eight (if operating under 49 CFR 395.1(p)) consecutive hours off-duty prior to the crash. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. F. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. The exemption will be PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 rescinded if: (1) motor carriers and drivers operating under the exemption fail to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objects of 49 U.S.C. 31136(e) and 31315. VI. Request for Comments FMCSA requests comments from parties with data concerning the safety record of CMV drivers providing transportation to or from a theatrical or television motion picture production site. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to rescind the exemption of the company or companies and drivers in question. Robin Hutcheson, Deputy Administrator. [FR Doc. 2022–23889 Filed 11–2–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2022–0105] General Qualifications of Drivers: Small Business in Transportation Coalition; Application for Exemption Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; denial of application for exemption. AGENCY: FMCSA announces its decision to deny the Small Business in Transportation Coalition’s (SBTC) request for an exemption from the requirement that motor carriers not permit a person to drive a commercial motor vehicle (CMV) unless the driver is capable of reading and speaking the English language sufficiently to communicate with the public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records drivers. SBTC requests the exemption on behalf of all motor carriers in North American Industry Classification System (NAICS) category 484230 (Specialized Freight (except Used Goods) Trucking, Long-Distance) with SUMMARY: E:\FR\FM\03NON1.SGM 03NON1 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices revenues under $30 million. FMCSA analyzed the exemption application and public comments, and determined that the application lacked evidence that would ensure an equivalent level of safety or greater would be achieved absent such exemption. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; (202) 366–4225; pearlie.robinson@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation lotter on DSK11XQN23PROD with NOTICES1 Viewing Comments and Documents To view comments, go to www.regulations.gov, insert the docket number (‘‘FMCSA–2022–0105’’) 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–2022–0105’’) in the ‘‘Keyword’’ box, click ‘‘Search,’’ and choose 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(b) to grant exemptions from 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 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 that would be achieved by the current regulation (49 CFR 381.305). The Agency must publish its decision in VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 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 specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Background Current Regulation Requirements The regulations regarding qualifications of drivers in 49 CFR 391.11(a) prohibit a person from driving, and a motor carrier from requiring or permitting a person to drive, a CMV if the person is not qualified to do so. Under 49 CFR 391.11(b)(2) a person is qualified to drive a CMV if they can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records. IV. Applicant’s Request SBTC seeks an exemption from ‘‘49 CFR 391.11(a) as it applies to 49 CFR 391.11(b)(2)’’ on behalf of ‘‘all motor carriers in NAICS category 484230 (Specialized Freight (except Used Goods) Trucking, Long-Distance) with revenues under $30 million, which are defined as ‘small businesses’ by the Small Business Administration.’’ SBTC wrote that as long as FMCSA does not require states to test for language proficiency, ‘‘it is inappropriate to enforce this rule against motor carriers, especially those small entities beyond one man owner operators employing drivers that do not have in-house compliance departments able to conduct their own state level-like testing for English proficiency.’’ SBTC suggests that a motor carrier should be able to assert it is in compliance with 49 CFR 391.11(a) and 391.11(b)(2) the moment it verifies that a prospective driver has a state-issued commercial driver’s license. V. Equivalent Level of Safety In its exemption application, SBTC stated: ‘‘By temporarily placing the onus for compliance with the English proficiency standard solely on drivers and not motor carriers until such time as the FMCSA decides whether to shift responsibility for same to the states, we believe a level of safety that is equivalent to the level of safety that PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 66365 would be obtained by complying with the regulation will be achieved.’’ VI. Public Comments On June 15, 2022, FMCSA published notice of this application and requested public comments (87 FR 36200). The Agency received 10 comments from the public, with three comments from the applicant and seven from individuals opposing the proposed exemption. Mr. Jimmy Walker wrote, ‘‘Allowing this proposal to be accepted only makes roads and traffic more unsafe. It appears that [SBTC] is truly NOT interested in the public’s safety, but is only interested in profits at the expense of more loss of life and property to others and the public.’’ Mr. James Lamb responded to Mr. Walker’s comments and noted that FMCSA failed to immediately post SBTC’s exemption application. Mr. Lamb clarified that SBTC’s position ‘‘is about bringing attention and awareness to the fact that FMCSA has failed for 20 years to follow the USDOT Inspector General’s recommendation that FMCSA should require states verify drivers’ English proficiency rather than place the onus on carriers . . .’’ Mr. Michael Milliard wrote, ‘‘I support the SBTC’s request to better our highways by reducing the number of non-English speaking drivers. I don’t support the SBTC’s request to except the drivers of small businesses from the English-speaking requirement.’’ Mr. Carl Huddleston and Danko and Son’s, Inc., commented that the exemption should not be granted because drivers who cannot read and speak English pose a danger to the public. Mr. Ricky Phillip added that a driver ‘‘would be forced to use some sort of electronic device to translate directions which could cause distracted driving to increase’’ and would not be able to read road signs. Finally, Ms. Tamra Howell commented that the exemption would diminish the effectiveness of other programs such as FMCSA’s Compliance, Safety, Accountability program and the Drug and Alcohol Clearinghouse. VII. FMCSA Safety Analysis and Decision FMCSA evaluated SBTC’s application and the public comments. In response to the comment that SBTC’s application was not immediately posted to the docket, the Agency acknowledges that SBTC’s application was posted to the public docket the day after the Federal Register notice published. FMCSA continued to monitor the public docket for comments filed after the comment closing date. FMCSA notes in response to SBTC’s comment about the Department of Transportation’s Office of E:\FR\FM\03NON1.SGM 03NON1 66366 Federal Register / Vol. 87, No. 212 / Thursday, November 3, 2022 / Notices Inspector General’s May 8, 2002, report titled ‘‘Improving Testing and Licensing of Commercial Drivers,’’ that the report does not support SBTC’s exemption application. The report did not recommend that motor carriers should be exempt from the driver qualification regulations relating to the English language proficiency requirement. Although SBTC made a conclusory statement that ‘‘placing the onus for compliance with the English proficiency standard solely on drivers and not motor carriers’’ would achieve an equivalent level of safety as complying with the regulations, SBTC did not explain how this would achieve an equivalent level of safety and did not propose any safety countermeasures. FMCSA concludes that SBTC has presented insufficient evidence to establish that not complying with the driver qualification regulations relating to the English language proficiency requirements for CMV drivers would meet or exceed the level of safety provided by complying with the regulations. For the above reasons, FMCSA denies SBTC’s request for exemption. Robin Hutcheson, Deputy Administrator. [FR Doc. 2022–23891 Filed 11–2–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2022–0077] lotter on DSK11XQN23PROD with NOTICES1 Notice of Application for Approval of Discontinuance or Modification of a Railroad Signal System Under part 235 of title 49 Code of Federal Regulations (CFR) and 49 U.S.C. 20502(a), this document provides the public notice that on July 22, 2022,1 Kansas City Southern (KCS) petitioned the Federal Railroad Administration (FRA) seeking approval to discontinue or modify a signal system. FRA assigned the petition Docket Number FRA–2022– 0077. Specifically, KCS requests permission to decrease the limits of a centralized traffic control (CTC) block signal system, from mile post (MP) 9.9 to MP 11.2, near Laredo, Texas, as part of its Serrano Yard expansion project. This permanent change would include removing control point (CP) 10 and 1 On October 13, 2022, KCS submitted a revised petition. Both the original and revised petitions are available in the docket (https:// www.regulations.gov/document/FRA-2022-00770001). VerDate Sep<11>2014 16:41 Nov 02, 2022 Jkt 259001 changing 1.3 miles of current CTC territory to yard limits at restricted speed. KCS requests the change to expand capacity for building trains in the Serrano Yard. In support of its petition, KCS states that the change will minimally affect the safety of operations because the maximum authorized speed in the area will decrease from 59 miles per hour to restricted speed yard limits. KCS also notes that this proposed change would bring the CTC/yard limits ‘‘in coincidence between the main track and switching lead at CP 11, reducing the risk of confusion for on track equipment.’’ A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at https:// www.regulations.gov. Follow the online instructions for submitting comments. Communications received by January 3, 2023 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT) solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2022–23973 Filed 11–2–22; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2017–0017] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on July 29, 2022,1 Norfolk Southern Corporation (NS) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 236 (Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances). The relevant FRA Docket Number is FRA–2017– 0017. Specifically, NS requests a waiver extension from § 236.566, Locomotive of each train operating in train stop, train control or cab signal territory; equipped, for: (1) all operations between and including the limits of control point (CP) Bright at mile post (MP) PC 28.2 and CP West Conway at MP PC 24.5; and (2) all movements on the Fort Wayne Line Tracks #1 and #2, both to and from CP Rochester, at MP PC 25.9 on the Cleveland Line, CP Bright on the Youngstown Line, and the yard tracks at East Conway. In support of its request, NS states that any movement directed by this relief will be at restricted speed and an absolute block will be established in advance of each movement. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a 1 On October 13, 2022, NS submitted a revised petition. Both the original and revised petitions are available in the docket (https:// www.regulations.gov/document/FRA-2017-00170007). E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66364-66366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23891]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0105]


General Qualifications of Drivers: Small Business in 
Transportation Coalition; Application for Exemption

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny the Small Business in 
Transportation Coalition's (SBTC) request for an exemption from the 
requirement that motor carriers not permit a person to drive a 
commercial motor vehicle (CMV) unless the driver is capable of reading 
and speaking the English language sufficiently to communicate with the 
public, to understand highway traffic signs and signals in the English 
language, to respond to official inquiries, and to make entries on 
reports and records drivers. SBTC requests the exemption on behalf of 
all motor carriers in North American Industry Classification System 
(NAICS) category 484230 (Specialized Freight (except Used Goods) 
Trucking, Long-Distance) with

[[Page 66365]]

revenues under $30 million. FMCSA analyzed the exemption application 
and public comments, and determined that the application lacked 
evidence that would ensure an equivalent level of safety or greater 
would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-4225; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (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-2022-0105'') 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-2022-0105'') in the ``Keyword'' box, click ``Search,'' and 
choose 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(b) to grant 
exemptions from 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 
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 that would be 
achieved by the current regulation (49 CFR 381.305). The Agency must 
publish its decision 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 specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Background

Current Regulation Requirements

    The regulations regarding qualifications of drivers in 49 CFR 
391.11(a) prohibit a person from driving, and a motor carrier from 
requiring or permitting a person to drive, a CMV if the person is not 
qualified to do so. Under 49 CFR 391.11(b)(2) a person is qualified to 
drive a CMV if they can read and speak the English language 
sufficiently to converse with the general public, to understand highway 
traffic signs and signals in the English language, to respond to 
official inquiries, and to make entries on reports and records.

IV. Applicant's Request

    SBTC seeks an exemption from ``49 CFR 391.11(a) as it applies to 49 
CFR 391.11(b)(2)'' on behalf of ``all motor carriers in NAICS category 
484230 (Specialized Freight (except Used Goods) Trucking, Long-
Distance) with revenues under $30 million, which are defined as `small 
businesses' by the Small Business Administration.'' SBTC wrote that as 
long as FMCSA does not require states to test for language proficiency, 
``it is inappropriate to enforce this rule against motor carriers, 
especially those small entities beyond one man owner operators 
employing drivers that do not have in-house compliance departments able 
to conduct their own state level-like testing for English 
proficiency.'' SBTC suggests that a motor carrier should be able to 
assert it is in compliance with 49 CFR 391.11(a) and 391.11(b)(2) the 
moment it verifies that a prospective driver has a state-issued 
commercial driver's license.

V. Equivalent Level of Safety

    In its exemption application, SBTC stated: ``By temporarily placing 
the onus for compliance with the English proficiency standard solely on 
drivers and not motor carriers until such time as the FMCSA decides 
whether to shift responsibility for same to the states, we believe a 
level of safety that is equivalent to the level of safety that would be 
obtained by complying with the regulation will be achieved.''

VI. Public Comments

    On June 15, 2022, FMCSA published notice of this application and 
requested public comments (87 FR 36200). The Agency received 10 
comments from the public, with three comments from the applicant and 
seven from individuals opposing the proposed exemption.
    Mr. Jimmy Walker wrote, ``Allowing this proposal to be accepted 
only makes roads and traffic more unsafe. It appears that [SBTC] is 
truly NOT interested in the public's safety, but is only interested in 
profits at the expense of more loss of life and property to others and 
the public.'' Mr. James Lamb responded to Mr. Walker's comments and 
noted that FMCSA failed to immediately post SBTC's exemption 
application. Mr. Lamb clarified that SBTC's position ``is about 
bringing attention and awareness to the fact that FMCSA has failed for 
20 years to follow the USDOT Inspector General's recommendation that 
FMCSA should require states verify drivers' English proficiency rather 
than place the onus on carriers . . .''
    Mr. Michael Milliard wrote, ``I support the SBTC's request to 
better our highways by reducing the number of non-English speaking 
drivers. I don't support the SBTC's request to except the drivers of 
small businesses from the English-speaking requirement.'' Mr. Carl 
Huddleston and Danko and Son's, Inc., commented that the exemption 
should not be granted because drivers who cannot read and speak English 
pose a danger to the public. Mr. Ricky Phillip added that a driver 
``would be forced to use some sort of electronic device to translate 
directions which could cause distracted driving to increase'' and would 
not be able to read road signs. Finally, Ms. Tamra Howell commented 
that the exemption would diminish the effectiveness of other programs 
such as FMCSA's Compliance, Safety, Accountability program and the Drug 
and Alcohol Clearinghouse.

VII. FMCSA Safety Analysis and Decision

    FMCSA evaluated SBTC's application and the public comments. In 
response to the comment that SBTC's application was not immediately 
posted to the docket, the Agency acknowledges that SBTC's application 
was posted to the public docket the day after the Federal Register 
notice published. FMCSA continued to monitor the public docket for 
comments filed after the comment closing date. FMCSA notes in response 
to SBTC's comment about the Department of Transportation's Office of

[[Page 66366]]

Inspector General's May 8, 2002, report titled ``Improving Testing and 
Licensing of Commercial Drivers,'' that the report does not support 
SBTC's exemption application. The report did not recommend that motor 
carriers should be exempt from the driver qualification regulations 
relating to the English language proficiency requirement.
    Although SBTC made a conclusory statement that ``placing the onus 
for compliance with the English proficiency standard solely on drivers 
and not motor carriers'' would achieve an equivalent level of safety as 
complying with the regulations, SBTC did not explain how this would 
achieve an equivalent level of safety and did not propose any safety 
countermeasures. FMCSA concludes that SBTC has presented insufficient 
evidence to establish that not complying with the driver qualification 
regulations relating to the English language proficiency requirements 
for CMV drivers would meet or exceed the level of safety provided by 
complying with the regulations.
    For the above reasons, FMCSA denies SBTC's request for exemption.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-23891 Filed 11-2-22; 8:45 am]
BILLING CODE 4910-EX-P

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