Entry-Level Driver Training: Western Area Career and Technology Center; Application for Exemption, 78762-78764 [2022-27848]
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78762
Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
those, 65 percent were for Interstate
miles and 32 percent were principal
arterials. The remaining 3 percent of
proposed additions were for other
roadways of lower functional
classifications. Sixty-three percent of
miles requested for addition were from
Low PHFS Mileage States, which sought
608 miles of Interstates and 401 miles of
principal arterials. These Interstates
submitted for PHFS re-designation are
by default a part of the NHFN and are
automatically eligible for NHFP funding
by Low PHFS Mileage States. More than
one third of the PHFS mileage additions
were requested by High PHFS Mileage
States, which included requests for the
addition of 457 Interstate miles and 131
miles of principal arterials. These
requests for additional mileage range
from less than one quarter mile to
hundreds of miles of roadway segments,
covering a large portion of a State.
About one quarter of comments
received requested removal or other
technical correction of the existing
PHFS. More than half of these changes
are for roadway segments that are less
than one mile long. About 70 percent of
the mileage (86 miles) submitted for
removal from PHFS designation were
for toll roads. Other changes related to
adjustments to correctly identify
intermodal connectors, fix mapping
errors, and to update network
connectivity.
A number of requested PHFS
additions included fragmented roadway
segments that did not provide
continuity of the PHFS and did not meet
PHFS re-designation criteria. These
requests for PHFS additions would have
required significant mileage to connect
to the PHFS network. The PHFS
provides a system of roadways that is
most critical for freight movement.
Network connectivity is a consideration
for PHFS re-designation and is
necessary to provide continuity of PHFS
roadways. To provide system-level
network connectivity, one end of a
PHFS roadway should connect with
existing PHFS roadways. In response,
FHWA suggests that if a desired
addition to the network is necessary to
achieve eligibility to use NHFP funding,
States and MPOs may add a stand-alone
segment to the NHFN using the process
to designate CRFCs and CUFCs. The
CUFCs and CURCs do not need to
connect to the PHFS and are designated
separately from the PHFS redesignation, on a rolling basis, using the
mileage allotted to a State.
A number of respondents from Low
PHFS Mileage States identified
Interstate mileage to be added as PHFS
to expand roadways eligible for NHFP
funding. Interstates that are not
VerDate Sep<11>2014
18:01 Dec 21, 2022
Jkt 259001
designated as PHFS are by default part
of NHFN and are identified as NonPHFS Interstates, a component of the
NHFN. As such, the addition to the
network is unnecessary for Low PHFS
Mileages States to achieve eligibility to
use NHFP funding as these Non-PHFS
Interstates are automatically eligible for
investment of NHFP by Low PHFS
Mileage States. Designating all
Interstates in those States as PHFS
would not provide additional flexibility
for States for programing NHFP funds.
Respondents identified needs to
provide a greater emphasis on
designating arterial highways,
Interstates that cross rural States and
other areas, to increase resiliency of
PHFS by ensuring redundancy in the
system. As a result, respondents
identified many large corridors
including roadway traversing an entire
State for PHFS re-designation. In
response, FHWA reiterates that PHFS
highways are intended to reflect the
most critical highway portions of the
U.S. freight transportation system,
determined by measurable and objective
national data. If a desired addition to
the network is necessary to achieve
eligibility to use NHFP funding or for
other purpose specific to a State, States
and MPOs may add a stand-alone
segment to the NHFN using the process
to designate CRFCs and CUFCs.
Increased roadway mileage thresholds
for the designation of CRFCs and
CUFCs, provided by the BIL, expand the
flexibility for States to identify critical
freight infrastructure as a component of
the NHFN. The FHWA attempted to
accommodate requested mileage for
PHFS re-designation that met redesignation criteria to the maximum
extent practicable.
Respondents also requested removal
of self-financed toll facilities from PHFS
by citing their interpretation of the
statute that toll roads are an ineligible
use for NHFP funds. The FHWA
clarifies that toll facilities are eligible for
NHFP funds and did not exclude toll
facilities designated as PHFS for PHFS
re-designation unless those facilities
have been deemed by the States as no
longer eligible for use by trucks. Toll
roads using NHFP funding would
necessarily become federalized,
however, and need to adhere to all Title
23 requirements.
The FHWA also conducted a separate
review of the network for technical
corrections and to improve mapping
accuracy of the PHFS using State DOTs’
linear referenced roadway network data
that are submitted as the spatial route
information for all roads in the States.
The FHWA did not remove previously
designated routes from the PHFS unless
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Sfmt 4703
they are no longer eligible for use by
trucks. This ensures continued
alignment with the State Freight Plans
completed by all States and the District
of Columbia pursuant to 49 U.S.C.
70202, which were based in part on the
existing PHFS network and funding
eligibilities of NHFN routes.
The FHWA made a number of
corrections to PHFS, including
correction of roadway mapping data,
updates to roadway descriptions,
corrections to represent new bypasses,
adjustments to achieve network
connectivity, and exclusion of roadways
that are not open to public. Corrections
were made to reflect change in access
and network connectivity such as for
facilities that are part of military base or
where roadways have checkpoints to
access ports.
Section 167(d)(2) of title 23, U.S.C.
requires the FHWA Administrator to redesignate PHFS every 5 years and
provides for a maximum 3 percent
increase in the total milage of the
system. Per this Notice, the newly redesignated PHFS will be available in
map format on the following site:
https://ops.fhwa.dot.gov/freight/
infrastructure/ismt/nhfn_states_list.htm.
(Authority: 23 U.S.C. 167(d))
Stephanie Pollack,
Acting Administrator, Federal Highway
Administration.
[FR Doc. 2022–27875 Filed 12–21–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0082]
Entry-Level Driver Training: Western
Area Career and Technology Center;
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 exemption
application from Western Area Career
and Technology Center (WACTC).
WACTC requested an exemption from
the theory and behind-the-wheel (BTW)
instructor requirements contained in the
entry-level driver training (ELDT)
regulations for one prospective
instructor. FMCSA analyzed the
exemption application and public
comments and determined that the
application lacked evidence that would
ensure a level of safety equivalent to or
SUMMARY:
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Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
greater than would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; (202) 366–2722;
richard.clemente@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–2022–0082’’) in the
‘‘Keyword’’ box, and click ‘‘Search.’’
Next, sort the results by ‘‘Posted
(Newer-Older),’’ choose the first notice
listed, and click ‘‘View Related
Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number (‘‘FMCSA–2022–0082’’)
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 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 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 that would be achieved by the
current regulation (49 CFR 381.305(a)).
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
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18:01 Dec 21, 2022
Jkt 259001
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
The ELDT regulations, implemented
on February 7, 2022, established
minimum training standards for
individuals applying for certain
commercial driver’s licenses (CDLs) and
defined curriculum standards for theory
and BTW training. It also established an
online training provider registry (TPR),
eligibility requirements for providers to
be listed on the TPR, and qualification
requirements for instructors. Under 49
CFR 380.713, a training provider must
use instructors who meet the definitions
of ‘‘theory instructor’’ and ‘‘BTW
instructor’’ in 49 CFR 380.605. The
definitions of ‘‘theory instructor’’ and
‘‘BTW instructor’’ in 49 CFR 380.605
require that instructors hold a CDL of
the same (or higher) class, with all
endorsements necessary to operate the
commercial motor vehicle (CMV) for
which training is to be provided, and
have either: (1) a minimum of two years
of experience driving a CMV requiring
a CDL of the same or higher class and/
or the same endorsement; or (2) at least
two years of experience as a BTW CMV
instructor.
Applicant’s Request
WACTC requests an exemption from
49 CFR 380.713, which requires a
training provider to use instructors who
meet the definitions of ‘‘theory
instructor’’ and ‘‘BTW instructor’’ in 49
CFR 380.605. WACTC specifies that it
would like to use one driver training
instructor, Drew Ley, who does not have
two years of required driving experience
with a Class A CDL. WACTC states that
it has been difficult to find qualified
instructors. WACTC stated that Mr. Ley
would meet the ELDT regulation’s
requirement for two years of driving
experience with a Class A CDL in
August 2022.
WACTC states that it conducts
monthly classes in which students
achieve 160 hours of practical training,
with four students per class. The ratio
of instructor to students ‘‘provides a
more individualized training approach
as well as the ability to address
individual student needs and/or
concerns as they may arise.’’ According
to WACTC, the impact of this
exemption being denied would be
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78763
devastating not only to its CDL program,
but to the Adult Education Department
as a whole. WACTC asserts that its CDL
program is the most popular and
successful program offered and helps
stabilize other struggling programs
through a steady stream of revenue.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
WACTC believes that Mr. Ley makes
up for his failure to have two years of
required driving experience through his
experience with the FMCSA regulations
and his other qualifications. According
to WACTC, prior to FMCSA’s
implementation of the ELDT
regulations, Mr. Ley successfully trained
four of its classes and achieved a 100%
student completion rate. When he was
an employee of the Commonwealth of
Pennsylvania DOT (PennDOT), Mr. Ley
previously audited and verified thirdparty testing sites, routes, and CDL
examiners to assure compliance with
PennDOT regulations. He also assisted
in the training and bi-annual reviews of
experienced and new CDL examiners
and has experience operating Class B
vehicles with school bus and passenger
endorsements. In addition, Mr. Ley has
obtained a School Bus Instructor
Certification, Certified Inspection
Mechanic (class 7), certification as a
licensed private Class C instructor, and
has had a Class A CDL for a year and
a half without restrictions. A copy of
WACTC’s application for exemption is
available for review in the docket for
this notice.
V. Public Comments
On June 15, 2022, FMCSA published
notice of WACTC’s application for
exemption and requested public
comment [87 FR 36202]. Six comments
were filed in response to the exemption
request, five from individual
commenters and one from the OwnerOperator Independent Driver’s
Association (OOIDA). Four commenters,
including OOIDA, opposed the
exemption request, while two others
offered no opinion either for or against
the exemption request.
OOIDA cited its participation as a
primary industry stakeholder on the
Entry-Level Driver Training Negotiated
Rulemaking Committee (ELDTAC) when
the ‘‘framework’’ of the ELDT rule was
agreed upon by the Committee. OOIDA
supported the provision in the ELDT
rule that required driving experience for
training instructors because OOIDA
believes that experience is essential to
provide comprehensive training to
entry-level drivers. OOIDA believes
there is no substitute for an experienced
BTW trainer. According to OOIDA,
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78764
Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
exempting instructors without driving
experience will not result in an
equivalent or greater level of safety.
OOIDA further added that the delayed
implementation date of the ELDT
regulations from 2020 to 2022 allowed
even more time for training providers to
obtain the requisite experience.
Other individual commenters who
filed in opposition also cited Mr. Ley’s
lack of experience. A commenter stated
that ‘‘CDL drivers with less than two
years of experience are a hazard to new
drivers as they lack the experience to
understand safe operation of a tractor
trailer.’’ Another commenter added that
in their opinion, ‘‘it takes much more
than one year of ‘real’ driving
experience, not just holding a CDL to
gain any experience that is worthy of
passing along.’’
lotter on DSK11XQN23PROD with NOTICES1
VI. FMCSA Safety Analysis and
Decision
18:01 Dec 21, 2022
Jkt 259001
Robin Hutcheson,
Administrator.
[FR Doc. 2022–27848 Filed 12–21–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0169]
Entry-Level Driver Training: SBL Truck
Driving Academy, Inc.; 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 exemption
application from SBL Truck Driving
Academy, Inc. (SBL). SBL sought an
exemption from the theory and behindthe-wheel (BTW) instructor
requirements contained in the entrylevel driver training (ELDT) regulations
for two of its instructors. SBL
specifically requested an exemption
from the requirement that instructors
have at least two years of experience
driving a commercial motor vehicle
(CMV) requiring a commercial driver’s
license (CDL) of the same or higher class
and/or the same endorsement level for
which training is to be provided.
FMCSA analyzed the exemption
application and public comments and
determined that the application lacked
evidence that would ensure an
equivalent or greater level of safety than
would be achieved absent such
exemption.
SUMMARY:
FMCSA has evaluated WACTC’s
application and the public comments.
When the Agency established the ELDT
regulations, it determined that two years
of experience driving a CMV is the
minimum qualification standard,
reflecting the opinion of numerous
commenters to the ELDT Notice of
Proposed Rulemaking. Furthermore,
WACTC indicated in its application that
the exemption, if granted, would only
be necessary until August 2022, when
Mr. Ley will have had his Class A CDL
for the required two years.
The Agency concurs with commenters
that if it allows an individual instructor
to provide ELDT without the required
driving experience, it could open the
door for similar exemption requests on
a widespread basis. Such a result would
be inconsistent with a primary goal of
the ELDT regulations, which was to
improve highway safety by establishing
a uniform Federal minimum ELDT
standard.
FMCSA concludes that WACTC has
presented insufficient evidence to
establish that not complying with the
provisions of the ELDT regulations
relating to driving experience
requirements for CMV instructors would
meet or exceed the level of safety
provided by complying with the ELDT
regulations. In addition, based on the
information provided by WACTC that
Mr. Ley would meet the requirement for
two years of driving experience with a
Class A CDL in August 2022, the request
is now moot.
VerDate Sep<11>2014
For the above reasons, WACTC’s
exemption application is denied.
Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–2722.
Email: richard.clemente@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2021–0169’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘View Related Comments.’’
PO 00000
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Fmt 4703
Sfmt 4703
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2021–0169’’ 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 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 that would be achieved by the
current regulation (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
The ELDT regulations, implemented
on February 7, 2022, and set forth in 49
CFR 380, subparts F and G, established
minimum training standards for
individuals applying for certain CDLs
and defined curriculum standards for
theory and BTW training. The ELDT
regulations also established an online
training provider registry (TPR),
eligibility requirements for providers to
be listed on the TPR, and requirements
for instructors. Under 49 CFR 380.713,
a training provider must use instructors
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78762-78764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27848]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0082]
Entry-Level Driver Training: Western Area Career and Technology
Center; 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 exemption application
from Western Area Career and Technology Center (WACTC). WACTC requested
an exemption from the theory and behind-the-wheel (BTW) instructor
requirements contained in the entry-level driver training (ELDT)
regulations for one prospective instructor. FMCSA analyzed the
exemption application and public comments and determined that the
application lacked evidence that would ensure a level of safety
equivalent to or
[[Page 78763]]
greater than would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-2722; [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-2022-0082'') in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``View Related Comments.''
To view documents mentioned in this notice as being available in
the docket, go to www.regulations.gov, insert the docket number
(``FMCSA-2022-0082'') 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
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 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 that would be
achieved by the current regulation (49 CFR 381.305(a)). 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
The ELDT regulations, implemented on February 7, 2022, established
minimum training standards for individuals applying for certain
commercial driver's licenses (CDLs) and defined curriculum standards
for theory and BTW training. It also established an online training
provider registry (TPR), eligibility requirements for providers to be
listed on the TPR, and qualification requirements for instructors.
Under 49 CFR 380.713, a training provider must use instructors who meet
the definitions of ``theory instructor'' and ``BTW instructor'' in 49
CFR 380.605. The definitions of ``theory instructor'' and ``BTW
instructor'' in 49 CFR 380.605 require that instructors hold a CDL of
the same (or higher) class, with all endorsements necessary to operate
the commercial motor vehicle (CMV) for which training is to be
provided, and have either: (1) a minimum of two years of experience
driving a CMV requiring a CDL of the same or higher class and/or the
same endorsement; or (2) at least two years of experience as a BTW CMV
instructor.
Applicant's Request
WACTC requests an exemption from 49 CFR 380.713, which requires a
training provider to use instructors who meet the definitions of
``theory instructor'' and ``BTW instructor'' in 49 CFR 380.605. WACTC
specifies that it would like to use one driver training instructor,
Drew Ley, who does not have two years of required driving experience
with a Class A CDL. WACTC states that it has been difficult to find
qualified instructors. WACTC stated that Mr. Ley would meet the ELDT
regulation's requirement for two years of driving experience with a
Class A CDL in August 2022.
WACTC states that it conducts monthly classes in which students
achieve 160 hours of practical training, with four students per class.
The ratio of instructor to students ``provides a more individualized
training approach as well as the ability to address individual student
needs and/or concerns as they may arise.'' According to WACTC, the
impact of this exemption being denied would be devastating not only to
its CDL program, but to the Adult Education Department as a whole.
WACTC asserts that its CDL program is the most popular and successful
program offered and helps stabilize other struggling programs through a
steady stream of revenue.
IV. Method To Ensure an Equivalent or Greater Level of Safety
WACTC believes that Mr. Ley makes up for his failure to have two
years of required driving experience through his experience with the
FMCSA regulations and his other qualifications. According to WACTC,
prior to FMCSA's implementation of the ELDT regulations, Mr. Ley
successfully trained four of its classes and achieved a 100% student
completion rate. When he was an employee of the Commonwealth of
Pennsylvania DOT (PennDOT), Mr. Ley previously audited and verified
third-party testing sites, routes, and CDL examiners to assure
compliance with PennDOT regulations. He also assisted in the training
and bi-annual reviews of experienced and new CDL examiners and has
experience operating Class B vehicles with school bus and passenger
endorsements. In addition, Mr. Ley has obtained a School Bus Instructor
Certification, Certified Inspection Mechanic (class 7), certification
as a licensed private Class C instructor, and has had a Class A CDL for
a year and a half without restrictions. A copy of WACTC's application
for exemption is available for review in the docket for this notice.
V. Public Comments
On June 15, 2022, FMCSA published notice of WACTC's application for
exemption and requested public comment [87 FR 36202]. Six comments were
filed in response to the exemption request, five from individual
commenters and one from the Owner-Operator Independent Driver's
Association (OOIDA). Four commenters, including OOIDA, opposed the
exemption request, while two others offered no opinion either for or
against the exemption request.
OOIDA cited its participation as a primary industry stakeholder on
the Entry-Level Driver Training Negotiated Rulemaking Committee
(ELDTAC) when the ``framework'' of the ELDT rule was agreed upon by the
Committee. OOIDA supported the provision in the ELDT rule that required
driving experience for training instructors because OOIDA believes that
experience is essential to provide comprehensive training to entry-
level drivers. OOIDA believes there is no substitute for an experienced
BTW trainer. According to OOIDA,
[[Page 78764]]
exempting instructors without driving experience will not result in an
equivalent or greater level of safety. OOIDA further added that the
delayed implementation date of the ELDT regulations from 2020 to 2022
allowed even more time for training providers to obtain the requisite
experience.
Other individual commenters who filed in opposition also cited Mr.
Ley's lack of experience. A commenter stated that ``CDL drivers with
less than two years of experience are a hazard to new drivers as they
lack the experience to understand safe operation of a tractor
trailer.'' Another commenter added that in their opinion, ``it takes
much more than one year of `real' driving experience, not just holding
a CDL to gain any experience that is worthy of passing along.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated WACTC's application and the public comments.
When the Agency established the ELDT regulations, it determined that
two years of experience driving a CMV is the minimum qualification
standard, reflecting the opinion of numerous commenters to the ELDT
Notice of Proposed Rulemaking. Furthermore, WACTC indicated in its
application that the exemption, if granted, would only be necessary
until August 2022, when Mr. Ley will have had his Class A CDL for the
required two years.
The Agency concurs with commenters that if it allows an individual
instructor to provide ELDT without the required driving experience, it
could open the door for similar exemption requests on a widespread
basis. Such a result would be inconsistent with a primary goal of the
ELDT regulations, which was to improve highway safety by establishing a
uniform Federal minimum ELDT standard.
FMCSA concludes that WACTC has presented insufficient evidence to
establish that not complying with the provisions of the ELDT
regulations relating to driving experience requirements for CMV
instructors would meet or exceed the level of safety provided by
complying with the ELDT regulations. In addition, based on the
information provided by WACTC that Mr. Ley would meet the requirement
for two years of driving experience with a Class A CDL in August 2022,
the request is now moot.
For the above reasons, WACTC's exemption application is denied.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-27848 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-EX-P
