Entry-Level Driver Training: State of Alaska; Application for Exemption, 79932-79935 [2022-28242]
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of Stevens’ application for exemption is
available for review in the docket for
this notice.
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V. Public Comments
On June 14, 2022, FMCSA published
notice of the Stevens application and
requested public comment [87 FR
36034]. The Agency received four
comments. The Owner-Operator
Independent Driver’s Association
(OOIDA) opposed the exemption
request, as OOIDA believes that Stevens
failed to prove that a waiver would
result in ‘‘a level of safety equivalent to,
or greater than, the level that would be
achieved by the regulation.’’ OOIDA
commented that Stevens demonstrated
only a desire to increase its productivity
and profit at the risk of highway safety.
OOIDA also commented that: (1) far too
many new drivers are entering the
trucking industry and driving on the
nation’s roads without the basic skills to
safely operate a commercial vehicle and
section 383.25(a)(1) is designed to
properly ensure that inexperienced
drivers will have sufficient training,
instruction, and oversight as they learn
the job; (2) Stevens’s exemption request
fails to explain how the CLP holder will
be adequately mentored if the CDL
holder is not in the passenger seat; and
(3) the regulations requiring an
experienced driver in the front seat with
a permit holder were implemented with
safety in mind, and FMCSA must
continue bolstering training
requirements in support of the EntryLevel Driver Training rule. Three other
individual commenters also opposed
the exemption request. One commenter
stated that too many ‘‘mega’’ carriers put
inexperienced, unqualified drivers on
the road, while another commented that
the risk of having an inexperienced
driver behind the wheel without
supervision is counterproductive to
safety.
VI. FMCSA Safety Analysis and
Decision
FMCSA has evaluated Stevens’
application for exemption and the
public comments and believes Stevens
will achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption. The premise of comments
opposing the exemption is that CLP
holders lack experience and are safer
drivers when observed by a CDL driver
trainer who is on duty and in the front
seat of the vehicle. However, CLP
holders who have passed the CDL skills
test are eligible to obtain a CDL without
further training. If these CLP holders
had obtained their training and CLPs in
their State of domicile, they could
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immediately obtain their CDL at the
State driver licensing agency and begin
driving a CMV without any on-board
supervision. Because these drivers have
passed the CDL skills test, the only
thing necessary to obtain the CDL is to
visit the DMV office in their State of
domicile.
In addition, FMCSA has already
granted this same exemption request—
and in some instances, five-year
renewals—for the following five other
motor carriers: CRST Expedited, C.R.
England, Inc., New Prime, Inc., Werner
Enterprises, and Wilson Logistics [83 FR
53149; 87 FR 36360; 87 FR 38449; 87 FR
18855; 86 FR 11050].
The requested exemption is restricted
to Stevens’ CLP holders who have
documentation that they have passed
the CDL skills test. The exemption will
enable these drivers to operate a CMV
as a team driver without requiring the
accompanying CDL holder be on duty
and in the front seat while the vehicle
is moving.
Terms and Conditions of the Exemption
When operating under this
exemption, Stevens and its drivers are
subject to the following terms and
conditions:
(1) Stevens and its drivers must
comply with all other applicable
Federal Motor Carrier Safety
Regulations (49 CFR parts 350–399);
(2) The drivers must be in possession
of a valid State driver’s license, CLP
with the required endorsements, and
documentation that they have passed
the CDL skills test;
(3) The drivers must not be subject to
any out-of-service (OOS) order or
suspension of driving privileges; and
(4) The drivers must be able to
provide this exemption document to
enforcement officials.
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 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.
Notification to FMCSA
Stevens must notify FMCSA within 5
business days of any crash (as defined
in 49 CFR 390.5) involving any of its
CMVs operating under the terms of this
exemption. The notification must
include the following information:
(a) Name of the exemption: ‘‘Stevens’’;
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(b) Date of the accident;
(c) City or town, and State, in which
the accident occurred, or closest to the
accident scene;
(d) Driver’s name and license number;
(e) Vehicle number and State license
number;
(f) Number of individuals suffering
physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the
accident;
(i) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations; and
(j) The driver’s total driving time and
total on-duty time prior to the accident.
Reports filed under this provision shall
be emailed to MCPSD@dot.gov.
Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record. The exemption will be
rescinded if: (1) Stevens and its 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
objectives of 49 U.S.C. 31136(e) and
31315.
Robin Hutcheson,
Administrator.
[FR Doc. 2022–28235 Filed 12–27–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0122]
Entry-Level Driver Training: State of
Alaska; Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant a two-year exemption
to the State of Alaska from the
limitations imposed by the commercial
driver’s license (CDL) regulations on the
State’s ability to issue restricted CDLs.
The exemption allows the State to waive
specified portions of the CDL skills test
for drivers in 14 defined geographical
areas that lack infrastructure to allow
completion of the full skills test. Drivers
who receive a restricted CDL under the
provisions of this exemption are also
SUMMARY:
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exempt from the Entry-Level Driver
Training (ELDT) regulations. FMCSA
concludes that granting the exemption,
subject to the terms and conditions set
forth below, is likely to achieve a level
of safety equivalent to or greater than
the level of safety that would be
obtained absent the exemption.
DATES: The exemption is effective from
December 28, 2022 through December
30, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; (202) 366–2722;
richard.clemente@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2022–0122’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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–2022–0122’’ 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 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
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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
Under 49 CFR 383.3(e) the State of
Alaska may waive certain knowledge
and skills tests requirements and issue
restricted CDLs, subject to certain
conditions. To be eligible for a restricted
CDL under 49 CFR 383.3(e), which is
not valid outside Alaska, drivers must
operate exclusively over roads that are
not connected to the State highway
system and are not connected to any
highway or vehicular way with an
average daily traffic volume greater than
499 (§ 383.3(e)(2)). The Federal Highway
Administration, FMCSA’s predecessor
agency, set the daily traffic volume limit
at 499 in 1996 (54 FR 33230).
The ELDT regulations, implemented
on February 7, 2022, and set forth in 49
CFR 380, subparts F and G, establish
minimum training standards for
individuals applying for certain CDLs
and defined curriculum standards for
theory and behind-the-wheel (BTW)
training. The ELDT curriculum in 49
CFR part 380, Appendix A, Section
A3.1, requires Class A CDL applicants to
demonstrate proficiency in proper
techniques for initiating vehicle
movement, executing left and right
turns, changing lanes, navigating curves
at speed, entry and exit on the interstate
or controlled access highway, and
stopping the vehicle in a controlled
manner. Under 49 CFR 380.603(a)(2),
drivers issued a restricted CDL by the
State of Alaska are exempt from the
ELDT requirements.
Applicant’s Request
The State of Alaska (Alaska) requested
an exemption from the ELDT
curriculum in 49 CFR part 380,
appendix A, section A3.1, which
requires Class A CDL applicants to
demonstrate proficiency in proper
techniques for initiating vehicle
movement, executing left and right
turns, changing lanes, navigating curves
at speed, entry and exit on the interstate
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or controlled access highway, and
stopping the vehicle in a controlled
manner. Alaska stated that the
exemption is necessary because the
current threshold for determining
whether a driver is eligible for a
restricted CDL, set forth in 49 CFR
383.3(e), is outdated and excludes some
remote communities that have unpaved,
two-lane roads not connected to the
National Highway System.
Consequently, these areas ‘‘do not have
the infrastructure or driving scenarios’’
to complete the portions of ELDT that
require the driver-trainee to demonstrate
proficiency in vehicle control
maneuvers on the interstate or
controlled access highway. Alaska
asserts that, because CDL applicants
from these remote communities are not
currently eligible to receive a restricted
CDL, and thus be exempt from ELDT,
they would be required to fly into larger
cities and incur travel costs and lost
wages to complete the BTW training
requirements related to controlled
access highways.
In its request for exemption, Alaska
asserts ‘‘that the new regulations define
off-highway licenses under 49 CFR
383.3(e)(2)(ii) as average daily traffic
count of 499 or less, which excludes
many remote Alaska communities, so
their commercial drivers are now
subject to the new ELDT requirements.’’
Alaska describes this result as having
‘‘devastating impact on rural Alaska’s
movement of produce, prescriptions,
people, and other goods.’’
IV. Method To Ensure an Equivalent or
Greater Level of Safety
The Agency believes permitting the
issuance of restricted CDLs to drivers
operating a commercial motor vehicle
(CMV) in 14 geographically remote
communities identified in Section VI of
this notice will 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)).
V. Public Comments
On July 6, 2022, FMCSA published
notice of the State of Alaska application
and requested public comment (87 FR
40334). The Agency received 30
comments, 24 of which supported the
exemption. Those filing in support
included Alaskan driver training
schools, Alaskan cities/boroughs, the
Alaska Department of Labor and
Workforce Development, the Alaska
Trucking Association, motor carriers,
and several individuals. Five
commenters opposed the exemption,
including the Owner-Operator
Independent Driver’s Association
(OOIDA), the AFL–CIO/Transportation
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Trades Division (AFL–CIO/TTD) and
three other individuals. One commenter
filed neither for nor against the
exemption request.
The Prince of Wales Vocational/
Technical School’s comments in
support of the exemption included
points that were echoed by others,
stating that the ELDT regulations
‘‘inadvertently will have a devastating
effect on most of the State of Alaska by
requiring road testing on roads that
simply do not exist in most of the State.
The shortage of and retention of CDL
drivers will be negatively affected by
this regulation.’’
The Petersburgh Borough added
support for the exemption request in
their filed comments, stating that ‘‘the
costs for regulatory compliant CDL
training in combination with the
inconvenience of having to spend
extended time in another community to
receive the training are egregious
hardships on employers and the
employees seeking to better themselves
through attainment of a CDL. By
allowing us to continue local rural
training and testing, you would show
Alaskans that you understand and
appreciate that Alaska is a unique
landscape.’’ Another commenter stated,
‘‘Traveling to a community where
training and testing are available is cost
prohibitive as it could cost thousands of
dollars.’’
OOIDA opposed the exemption, citing
its participation as an industry
stakeholder on the ELDT Negotiated
Rulemaking Committee when the
‘‘framework’’ of the ELDT rule was
agreed upon and commented that these
minimum requirements must be
strengthened, not waived. The AFL–
CIO/TTD also opposed the exemption,
stating that allowing Alaska, or any
locality within the State, to move
forward with an exemption from such
basic ELDT requirements would
undermine the intent of the ELDT
program to prepare commercial drivers
to respond safely in situations that they
will encounter while driving.
VI. FMCSA Safety Analysis and
Decision
FMCSA has evaluated the State of
Alaska’s application for exemption and
the public comments and based on its
analysis, decided to grant an exemption
from 49 CFR 383.3(e)(2) in lieu of
granting an exemption from the ELDT
curriculum in 49 CFR part 380,
Appendix A, Section A3.1, as requested
by the State. If FMCSA were to grant the
relief requested, the affected drivers
would be eligible to obtain an
unrestricted CDL and operate in any
location in the U.S., even though they
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did not receive the requisite training to
safely operate a CMV when entering and
exiting an interstate or controlled access
highway designed for high-speed
vehicular traffic, navigating curves at
speed, changing lanes, and stopping the
CMV in a controlled manner. FMCSA
concludes that this outcome would not
result in a level of safety equivalent to,
or greater than the level achieved
without the requested exemption.
As noted above, Alaska currently has
the discretion, under 49 CFR 383.3(e), to
waive certain CDL knowledge and skills
tests requirements and issue a restricted
CDL, valid only in Alaska. Currently,
drivers who apply for a restricted CDL
are exempt from the ELDT regulations,
pursuant to 49 CFR 380.603(a)(2).
However, under § 383.3(e)(2), to be
eligible for a restricted CDL issued
under § 383.3(e), which is not valid
outside the State, drivers must operate
exclusively over roads that are not
connected to the state highway system
and are not connected to any highway
or vehicular way with an average daily
traffic volume greater than 499. This
standard was adopted in 1989 by the
Federal Highway Administration,
FMCSA’s predecessor agency. As the
State pointed out in its exemption
request, this standard excludes many
remote Alaska communities, requiring
CDL applicants in these areas to comply
with FMCSA’s ELDT requirements.
The Agency believes that granting an
exemption allowing Alaska to issue
restricted CDLs, subject to the terms and
conditions set forth below, will 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 exemption applies only
to CDL applicants who reside in one of
the named remote geographical areas
identified below and who operate only
within those defined areas. In addition,
the State may waive only specified
elements of the skills test affected by the
lack of infrastructure in the identified
communities. Individuals applying for a
restricted CDL covered by this
exemption are exempt from ELDT in
accordance with 49 CFR 380.603(a)(2).
VII. Exemption Decision
A. Grant of Exemption
FMCSA grants an exemption from 49
CFR 383.3(e)(2) for a period of two years
subject to the terms and conditions of
this decision.
B. Applicability
The State of Alaska may issue CDLs
under this exemption only to drivers
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who reside in the following
communities or areas: 1
(1) Bethel—within the local Bethel
community road network
(2) Prince of Wales Island
(3) Haines—within the Haines
community, and along the Haines
Highway corridor, ending at the
Canadian Border
(4) Ketchikan—within the Ketchikan
community and the airport area on
the neighboring Annette Island
(5) King Salmon—within the local King
Salmon community road network
(6) Kodiak Island
(7) Kotzebue—within the local Kotzebue
community road network
(8) Nome—within the local Nome
community road network
(9) Mitkof Island (Petersburg)
(10) Sitka—within the local Sitka
community road network
(11) Skagway—within the Skagway
community and along the Klondike
Highway corridor, ending at the
Canadian Border
(12) Unalaska Island
(13) Utqiavik—within the Utqiavik
community road network
(14) Wrangell Island
C. Terms and Conditions
The State of Alaska and drivers
operating under this exemption are
subject to the following terms and
conditions:
(1) The State of Alaska must comply
with 49 CFR 383.133(b) and 383.135(a)
of the knowledge tests standards for
testing procedures and methods set
forth in 49 CFR part 383, subpart H, and
must continue to administer knowledge
tests that fulfill the content
requirements of subpart G.
(2) The State of Alaska may waive
only the following portions of the CDL
skills test, as set forth in 49 CFR
383.113(c), that cannot be performed
due to infrastructure limitations in the
identified communities or areas:
• ability to adjust speed to the
configuration and condition of the
roadway, weather and visibility
conditions, traffic conditions, and motor
vehicle, cargo, and driver conditions
(§ 383.113(c)(3)); and
1 The locales were identified by the State of
Alaska’s Department of Administration, Division of
Motor Vehicles (DMV) and independently verified
by FMCSA as lacking the infrastructure for CDL
applicants to perform the skills required by 49 CFR
383.113(c)(4) and (c)(5). FMCSA notes that the DMV
initially identified 15 affected locales, but FMCSA
determined that one of the 15 communities operates
on major connected thoroughfares and the distances
involved are not dissimilar to that experienced by
many rural communities in the western United
States. The DMV’s letter identifying the affected
areas is available in the docket of this Notice and
can be accessed at Regulations.gov.
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• ability to choose a safe gap for
changing lanes, passing other vehicles,
as well as for crossing or entering traffic
(§ 383.113(c)(4));
(3) Drivers applying for a CDL to be
issued under this exemption must
reside in one of the 14 geographical
areas identified in Section VII. B of this
Notice;
(4) Drivers issued a restricted CDL
under this exemption may operate only
within the 14 geographical areas
identified in Section VII. B of this
Notice; and
(5) The drivers must comply with all
other applicable Federal Motor Carrier
Safety Regulations (49 CFR part 350–
399).
(6) The State of Alaska must include
notice on a restricted CDL issued
pursuant to this exemption of the
geographical area(s) in which the CDL
holder may operate a CMV.
D. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.60, during the period this
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption.
E. Notification to FMCSA
The State of Alaska must provide to
FMCSA, upon request, a list of all
drivers issued CDLs under this
exemption.
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F. Termination
FMCSA does not believe that drivers
covered by this exemption will
experience any deterioration of their
safety record.
The Agency will, however, rescind
the exemption if: (1) the State of Alaska
or drivers operating under the
exemption 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) continuation of the
exemption would not be consistent with
the goals and objective of 49 U.S.C.
31136(e) and 31315(b).
Robin Hutcheson,
Administrator.
[FR Doc. 2022–28242 Filed 12–27–22; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0052]
Hours of Service (HOS) of Drivers;
Application for Renewal of American
Pyrotechnics Association Exemptions
From the 14-Hour Rule and the
Electronic Logging Device Rule During
Independence Day Celebrations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
granting of application for exemptions.
AGENCY:
FMCSA announces its
decision to grant exemptions for 32
member companies of the American
Pyrotechnics Association (APA) from
certain hours of service (HOS)
regulations during designated
Independence Day periods. The
exemptions will allow drivers for these
companies to exclude off-duty and
sleeper berth time of any length from
the calculation of the 14-hour limit and
to use paper records of duty status
(RODS) in lieu of electronic logging
devices (ELDs). FMCSA has analyzed
the application for exemptions and the
public comments submitted and has
determined that the exemptions, subject
to the terms and conditions imposed,
will likely achieve a level of safety that
is equivalent to or greater than the level
of safety that would be achieved
through compliance with the
regulations.
DATES: These exemptions are effective
for the period June 28 through July 8, at
11:59 p.m. local time, each year from
2023 through 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: (202) 366–4225.
Email: pearlie.robinson@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number (‘‘FMCSA–2021–0052’’) in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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
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79935
docket number ‘‘FMCSA–2021–0052’’ 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
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 Regulatory Requirements
The HOS regulation in 49 CFR
395.3(a)(2) prohibits the driver of a
property-carrying commercial motor
vehicle (CMV) from driving after the
14th hour after coming on duty
following 10 consecutive hours off duty.
Drivers required to prepare RODS must
do so using ELDs under 49 CFR
395.8(a)(1)(i). However, under 49 CFR
395.8(a)(1)(iii)(A)(1), a motor carrier
may allow its drivers to record their
duty status manually, rather than use an
ELD, if the driver is operating a CMV
‘‘[i]n a manner requiring completion of
a record of duty status on not more than
8 days within any 30-day period.’’
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79932-79935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28242]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0122]
Entry-Level Driver Training: State of Alaska; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant a two-year exemption to
the State of Alaska from the limitations imposed by the commercial
driver's license (CDL) regulations on the State's ability to issue
restricted CDLs. The exemption allows the State to waive specified
portions of the CDL skills test for drivers in 14 defined geographical
areas that lack infrastructure to allow completion of the full skills
test. Drivers who receive a restricted CDL under the provisions of this
exemption are also
[[Page 79933]]
exempt from the Entry-Level Driver Training (ELDT) regulations. FMCSA
concludes that granting the exemption, subject to the terms and
conditions set forth below, is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
obtained absent the exemption.
DATES: The exemption is effective from December 28, 2022 through
December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-2722; [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services 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-2022-0122'' 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-2022-0122'' 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
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
Under 49 CFR 383.3(e) the State of Alaska may waive certain
knowledge and skills tests requirements and issue restricted CDLs,
subject to certain conditions. To be eligible for a restricted CDL
under 49 CFR 383.3(e), which is not valid outside Alaska, drivers must
operate exclusively over roads that are not connected to the State
highway system and are not connected to any highway or vehicular way
with an average daily traffic volume greater than 499 (Sec.
383.3(e)(2)). The Federal Highway Administration, FMCSA's predecessor
agency, set the daily traffic volume limit at 499 in 1996 (54 FR
33230).
The ELDT regulations, implemented on February 7, 2022, and set
forth in 49 CFR 380, subparts F and G, establish minimum training
standards for individuals applying for certain CDLs and defined
curriculum standards for theory and behind-the-wheel (BTW) training.
The ELDT curriculum in 49 CFR part 380, Appendix A, Section A3.1,
requires Class A CDL applicants to demonstrate proficiency in proper
techniques for initiating vehicle movement, executing left and right
turns, changing lanes, navigating curves at speed, entry and exit on
the interstate or controlled access highway, and stopping the vehicle
in a controlled manner. Under 49 CFR 380.603(a)(2), drivers issued a
restricted CDL by the State of Alaska are exempt from the ELDT
requirements.
Applicant's Request
The State of Alaska (Alaska) requested an exemption from the ELDT
curriculum in 49 CFR part 380, appendix A, section A3.1, which requires
Class A CDL applicants to demonstrate proficiency in proper techniques
for initiating vehicle movement, executing left and right turns,
changing lanes, navigating curves at speed, entry and exit on the
interstate or controlled access highway, and stopping the vehicle in a
controlled manner. Alaska stated that the exemption is necessary
because the current threshold for determining whether a driver is
eligible for a restricted CDL, set forth in 49 CFR 383.3(e), is
outdated and excludes some remote communities that have unpaved, two-
lane roads not connected to the National Highway System. Consequently,
these areas ``do not have the infrastructure or driving scenarios'' to
complete the portions of ELDT that require the driver-trainee to
demonstrate proficiency in vehicle control maneuvers on the interstate
or controlled access highway. Alaska asserts that, because CDL
applicants from these remote communities are not currently eligible to
receive a restricted CDL, and thus be exempt from ELDT, they would be
required to fly into larger cities and incur travel costs and lost
wages to complete the BTW training requirements related to controlled
access highways.
In its request for exemption, Alaska asserts ``that the new
regulations define off-highway licenses under 49 CFR 383.3(e)(2)(ii) as
average daily traffic count of 499 or less, which excludes many remote
Alaska communities, so their commercial drivers are now subject to the
new ELDT requirements.'' Alaska describes this result as having
``devastating impact on rural Alaska's movement of produce,
prescriptions, people, and other goods.''
IV. Method To Ensure an Equivalent or Greater Level of Safety
The Agency believes permitting the issuance of restricted CDLs to
drivers operating a commercial motor vehicle (CMV) in 14 geographically
remote communities identified in Section VI of this notice will 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)).
V. Public Comments
On July 6, 2022, FMCSA published notice of the State of Alaska
application and requested public comment (87 FR 40334). The Agency
received 30 comments, 24 of which supported the exemption. Those filing
in support included Alaskan driver training schools, Alaskan cities/
boroughs, the Alaska Department of Labor and Workforce Development, the
Alaska Trucking Association, motor carriers, and several individuals.
Five commenters opposed the exemption, including the Owner-Operator
Independent Driver's Association (OOIDA), the AFL-CIO/Transportation
[[Page 79934]]
Trades Division (AFL-CIO/TTD) and three other individuals. One
commenter filed neither for nor against the exemption request.
The Prince of Wales Vocational/Technical School's comments in
support of the exemption included points that were echoed by others,
stating that the ELDT regulations ``inadvertently will have a
devastating effect on most of the State of Alaska by requiring road
testing on roads that simply do not exist in most of the State. The
shortage of and retention of CDL drivers will be negatively affected by
this regulation.''
The Petersburgh Borough added support for the exemption request in
their filed comments, stating that ``the costs for regulatory compliant
CDL training in combination with the inconvenience of having to spend
extended time in another community to receive the training are
egregious hardships on employers and the employees seeking to better
themselves through attainment of a CDL. By allowing us to continue
local rural training and testing, you would show Alaskans that you
understand and appreciate that Alaska is a unique landscape.'' Another
commenter stated, ``Traveling to a community where training and testing
are available is cost prohibitive as it could cost thousands of
dollars.''
OOIDA opposed the exemption, citing its participation as an
industry stakeholder on the ELDT Negotiated Rulemaking Committee when
the ``framework'' of the ELDT rule was agreed upon and commented that
these minimum requirements must be strengthened, not waived. The AFL-
CIO/TTD also opposed the exemption, stating that allowing Alaska, or
any locality within the State, to move forward with an exemption from
such basic ELDT requirements would undermine the intent of the ELDT
program to prepare commercial drivers to respond safely in situations
that they will encounter while driving.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated the State of Alaska's application for exemption
and the public comments and based on its analysis, decided to grant an
exemption from 49 CFR 383.3(e)(2) in lieu of granting an exemption from
the ELDT curriculum in 49 CFR part 380, Appendix A, Section A3.1, as
requested by the State. If FMCSA were to grant the relief requested,
the affected drivers would be eligible to obtain an unrestricted CDL
and operate in any location in the U.S., even though they did not
receive the requisite training to safely operate a CMV when entering
and exiting an interstate or controlled access highway designed for
high-speed vehicular traffic, navigating curves at speed, changing
lanes, and stopping the CMV in a controlled manner. FMCSA concludes
that this outcome would not result in a level of safety equivalent to,
or greater than the level achieved without the requested exemption.
As noted above, Alaska currently has the discretion, under 49 CFR
383.3(e), to waive certain CDL knowledge and skills tests requirements
and issue a restricted CDL, valid only in Alaska. Currently, drivers
who apply for a restricted CDL are exempt from the ELDT regulations,
pursuant to 49 CFR 380.603(a)(2). However, under Sec. 383.3(e)(2), to
be eligible for a restricted CDL issued under Sec. 383.3(e), which is
not valid outside the State, drivers must operate exclusively over
roads that are not connected to the state highway system and are not
connected to any highway or vehicular way with an average daily traffic
volume greater than 499. This standard was adopted in 1989 by the
Federal Highway Administration, FMCSA's predecessor agency. As the
State pointed out in its exemption request, this standard excludes many
remote Alaska communities, requiring CDL applicants in these areas to
comply with FMCSA's ELDT requirements.
The Agency believes that granting an exemption allowing Alaska to
issue restricted CDLs, subject to the terms and conditions set forth
below, will 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 exemption applies only to CDL applicants who reside in
one of the named remote geographical areas identified below and who
operate only within those defined areas. In addition, the State may
waive only specified elements of the skills test affected by the lack
of infrastructure in the identified communities. Individuals applying
for a restricted CDL covered by this exemption are exempt from ELDT in
accordance with 49 CFR 380.603(a)(2).
VII. Exemption Decision
A. Grant of Exemption
FMCSA grants an exemption from 49 CFR 383.3(e)(2) for a period of
two years subject to the terms and conditions of this decision.
B. Applicability
The State of Alaska may issue CDLs under this exemption only to
drivers who reside in the following communities or areas: \1\
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\1\ The locales were identified by the State of Alaska's
Department of Administration, Division of Motor Vehicles (DMV) and
independently verified by FMCSA as lacking the infrastructure for
CDL applicants to perform the skills required by 49 CFR
383.113(c)(4) and (c)(5). FMCSA notes that the DMV initially
identified 15 affected locales, but FMCSA determined that one of the
15 communities operates on major connected thoroughfares and the
distances involved are not dissimilar to that experienced by many
rural communities in the western United States. The DMV's letter
identifying the affected areas is available in the docket of this
Notice and can be accessed at Regulations.gov.
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(1) Bethel--within the local Bethel community road network
(2) Prince of Wales Island
(3) Haines--within the Haines community, and along the Haines Highway
corridor, ending at the Canadian Border
(4) Ketchikan--within the Ketchikan community and the airport area on
the neighboring Annette Island
(5) King Salmon--within the local King Salmon community road network
(6) Kodiak Island
(7) Kotzebue--within the local Kotzebue community road network
(8) Nome--within the local Nome community road network
(9) Mitkof Island (Petersburg)
(10) Sitka--within the local Sitka community road network
(11) Skagway--within the Skagway community and along the Klondike
Highway corridor, ending at the Canadian Border
(12) Unalaska Island
(13) Utqiavik--within the Utqiavik community road network
(14) Wrangell Island
C. Terms and Conditions
The State of Alaska and drivers operating under this exemption are
subject to the following terms and conditions:
(1) The State of Alaska must comply with 49 CFR 383.133(b) and
383.135(a) of the knowledge tests standards for testing procedures and
methods set forth in 49 CFR part 383, subpart H, and must continue to
administer knowledge tests that fulfill the content requirements of
subpart G.
(2) The State of Alaska may waive only the following portions of
the CDL skills test, as set forth in 49 CFR 383.113(c), that cannot be
performed due to infrastructure limitations in the identified
communities or areas:
ability to adjust speed to the configuration and condition
of the roadway, weather and visibility conditions, traffic conditions,
and motor vehicle, cargo, and driver conditions (Sec. 383.113(c)(3));
and
[[Page 79935]]
ability to choose a safe gap for changing lanes, passing
other vehicles, as well as for crossing or entering traffic (Sec.
383.113(c)(4));
(3) Drivers applying for a CDL to be issued under this exemption
must reside in one of the 14 geographical areas identified in Section
VII. B of this Notice;
(4) Drivers issued a restricted CDL under this exemption may
operate only within the 14 geographical areas identified in Section
VII. B of this Notice; and
(5) The drivers must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR part 350-399).
(6) The State of Alaska must include notice on a restricted CDL
issued pursuant to this exemption of the geographical area(s) in which
the CDL holder may operate a CMV.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.60, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
E. Notification to FMCSA
The State of Alaska must provide to FMCSA, upon request, a list of
all drivers issued CDLs under this exemption.
F. Termination
FMCSA does not believe that drivers covered by this exemption will
experience any deterioration of their safety record.
The Agency will, however, rescind the exemption if: (1) the State
of Alaska or drivers operating under the exemption 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) continuation of the exemption would not be consistent with the
goals and objective of 49 U.S.C. 31136(e) and 31315(b).
Robin Hutcheson,
Administrator.
[FR Doc. 2022-28242 Filed 12-27-22; 8:45 am]
BILLING CODE 4910-EX-P
