Entry-Level Driver Training: Application for Exemption; Alaska's Ice Road Driving School, 62622-62623 [2023-19614]
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lotter on DSK11XQN23PROD with NOTICES1
62622
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
or reentry operation involving human
participants will meet the risk criteria
and requirement to ensure public safety.
DATES: Written comments should be
submitted by October 12, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
FOR FURTHER INFORMATION CONTACT:
Charles Huet by email at: Charles.huet@
faa.gov; phone: 202–267–7427.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information.
OMB Control Number: 2120–0720.
Title: Human Space Flight
Requirements for Crew/Space Flight
Participants.
Form Numbers: There are no FAA
forms associated with this collection.
Type of Review: Renewal of an
information collection.
Background: The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on January 30, 2023 (88 FR 5956). There
were no comments. In accordance with
the Paperwork Reduction Act of 1995,
FAA invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The FAA established
requirements for human space flight and
space flight participants required by the
Commercial Launch Amendment of
2004. The information collected is used
by the FAA to ensure human space
flight requirements compliance by a
licensee or permitee with crew or a
space flight participant on board a
licensed or permitted vehicle.
Respondents: All commercial space
entities that propose to conduct a
launch or reentry with flight crew or
space flight participants on board must
comply with this collection.
Frequency: On Occasion.
Estimated Average Burden per
Response: 4 Hours.
VerDate Sep<11>2014
17:32 Sep 11, 2023
Jkt 259001
Estimated Total Annual Burden: 808
Hours.
Issued in Washington, DC.
James A. Hatt,
Space Policy Division Manager, Office of
Commercial Space Transportation.
[FR Doc. 2023–19569 Filed 9–11–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0089]
Entry-Level Driver Training:
Application for Exemption; Alaska’s
Ice Road Driving School
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 application from
Alaska’s Ice Road Driving School
requesting an exemption from certain
portions of the behind-the-wheel (BTW)
entry-level driver training (ELDT)
requirements for driver trainees. The
applicant explained that because of the
unique road system and challenging
terrain in Alaska, it is difficult to adhere
to the driver training regulations, and
further explained that the road
configurations lead to only a few major
established safe road systems in Alaska.
The applicant believes that the road
skills test for a Commercial Driver’s
License (CDL) applicant can safely be
administered by the State test examiner
because set routes can be established
and approved without the CDL
applicant completing certain portions of
the mandatory BTW training. FMCSA
analyzed the application and
determined that the exemption would
not likely achieve a level of safety that
is equivalent to, or greater than, the
level that would be achieved absent
such exemption.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; 202–366–2722 or
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:
SUMMARY:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
number ‘‘FMCSA–2023–0089’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘View Related Comments.’’
If you do not have access to the
internet, you may view the docket by
visiting Dockets Operations 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
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
E:\FR\FM\12SEN1.SGM
12SEN1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices
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, established
minimum training standards for
individuals applying for certain CDLs
and defined curriculum standards for
theory and 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
Alaska’s Ice Road Driving School
seeks an exemption from the
requirements, set forth in 49 CFR part
380, Appendices A and B, that driver
trainees seeking a Class A or Class B
CDL demonstrate proficiency in BTW
maneuvers related to entering the on
ramp, exiting the off ramp, right turns,
and left turns. The applicant states that
due to Alaska’s unique road system they
believe that the exemption would
benefit Alaska’s driver training schools
and give them confidence to take on
prospective students and complete the
required BTW training safely. Alaska’s
Ice Road Driving School requests the
exemption regarding routing
prescriptions that are specific to exact
off and on ramps, and right and left
turns, adding that it will aid in the safe
administration of road tests by the
Alaska State Department of Motor
Vehicles. The applicant seeks the
exemption on behalf of itself and all
State and local commercial driving
schools in Alaska as well as individuals
qualified as third-party testers in the
State of Alaska.
lotter on DSK11XQN23PROD with NOTICES1
IV. Method To Ensure an Equivalent or
Greater Level of Safety
Alaska’s Ice Road Driving School
believes that the specified portions of
the ELDT regulation could be waived
safely by allowing the school and the
State of Alaska to prescribe routes based
upon the area in which the road skills
exam would be administered. The
applicant further believes that the road
skills test for a CDL applicant can safely
be administered by the State test
examiner as set routes can be
established and approved without the
CDL applicant completing certain
VerDate Sep<11>2014
17:32 Sep 11, 2023
Jkt 259001
portions of the mandatory BTW
training.
On April 20, 2023, FMCSA published
Alaska’s Ice Road Driving School’s
application and requested public
comment [88 FR 24463]. The Agency
received no comments in response to
the notice.
VI. FMCSA Safety Analysis and
Decision
FMCSA evaluated Alaska’s Ice Road
Driving School application and denies
the exemption request. The applicant
failed to establish that they would
maintain a level of safety equivalent to,
or greater than, the level achieved
without the exemption. Granting the
exemption would result in drivers
receiving a CDL even though they had
not demonstrated proficiency in the
three driving skills from which
exemption is requested. In addition, on
December 28, 2022, the Agency granted
an exemption to the State of Alaska [87
FR 79932] which 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
the 2022 exemption are also exempt
from the ELDT regulations. The relief
requested by Alaska’s Ice Road Driving
School falls within the scope of that
exemption to the extent that drivers
would not be subject to ELDT
requirements if, pursuant to the 2022
exemption, they received a restricted
CDL allowing them to operate a
commercial motor vehicle only within
14 designated geographical areas of the
State. This exemption for the State of
Alaska is effective from December 28,
2022, through December 30, 2024. The
Agency does not believe it is
appropriate to grant a State-wide
exemption when the previous
exemption provides a targeted solution
in 14 specific regions of the State where
there are challenges to achieving full
compliance with the rules. In addition,
there were no comments filed in
support of Alaska’s Ice Road Driving
School’s request.
For the above reasons, Alaska’s Ice
Road Driving School’s exemption
application is denied.
Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023–19614 Filed 9–11–23; 8:45 am]
BILLING CODE 4910–EX–P
Frm 00100
Fmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
V. Public Comments
PO 00000
62623
Sfmt 4703
Safety Advisory 2023–04; High-Impact
Wheels Causing Damage to Rails and
Track Structures
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of safety advisory.
AGENCY:
This Safety Advisory
recommends railroads utilize Wheel
Impact Load Detectors (WILD) to
properly identify and replace highimpact railcar wheels that could cause
significant damage to rails and
supporting track structures. FRA’s
preliminary investigation of a recent
train derailment in Gothenburg,
Nebraska, indicates that high-impact
wheels damaged the rail the train was
operating over and caused the
derailment. Current industry practices
for using WILDs to identify and replace
high-impact wheels could help prevent
such incidents in the future.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles P. King, Director, Office of
Railroad Infrastructure and Mechanical
Equipment, at telephone: 202–329–5031
or email: Charles.King@dot.gov.
Disclaimer: This Safety Advisory is
considered guidance pursuant to DOT
Order 2100.6A (June 7, 2021). Except
when referencing laws, regulations,
policies, or orders, the information in
this Safety Advisory does not have the
force and effect of law and is not meant
to bind the public in any way. This
document does not revise or replace any
previously issued guidance.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In 2015, FRA issued Safety Advisory
2015–01 recommending, among other
things, the use of WILDs to improve
safety,1 recognizing the potential value
of these wayside detection systems, if
they are appropriately installed,
maintained, and utilized. FRA
recommended railroads continue to
install and maintain WILDs along
certain routes and monitor their
measurements to determine when to
replace wheels. In that Safety Advisory,
FRA also recommended that railroads
lower the impact threshold for action to
replace the wheels on any car in a highhazard flammable train.
WILDs supplement, and do not
substitute, the existing wheel
1 https://railroads.dot.gov/elibrary/mechanicalinspections-and-wheel-impact-load-detectorstandards-trains-transporting-large.
E:\FR\FM\12SEN1.SGM
12SEN1
]]>Agencies
[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62622-62623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19614]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0089]
Entry-Level Driver Training: Application for Exemption; Alaska's
Ice Road Driving School
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 application from
Alaska's Ice Road Driving School requesting an exemption from certain
portions of the behind-the-wheel (BTW) entry-level driver training
(ELDT) requirements for driver trainees. The applicant explained that
because of the unique road system and challenging terrain in Alaska, it
is difficult to adhere to the driver training regulations, and further
explained that the road configurations lead to only a few major
established safe road systems in Alaska. The applicant believes that
the road skills test for a Commercial Driver's License (CDL) applicant
can safely be administered by the State test examiner because set
routes can be established and approved without the CDL applicant
completing certain portions of the mandatory BTW training. FMCSA
analyzed the application and determined that the exemption would not
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722 or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (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-2023-0089'' 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.''
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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
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
[[Page 62623]]
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, established minimum training
standards for individuals applying for certain CDLs and defined
curriculum standards for theory and 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
Alaska's Ice Road Driving School seeks an exemption from the
requirements, set forth in 49 CFR part 380, Appendices A and B, that
driver trainees seeking a Class A or Class B CDL demonstrate
proficiency in BTW maneuvers related to entering the on ramp, exiting
the off ramp, right turns, and left turns. The applicant states that
due to Alaska's unique road system they believe that the exemption
would benefit Alaska's driver training schools and give them confidence
to take on prospective students and complete the required BTW training
safely. Alaska's Ice Road Driving School requests the exemption
regarding routing prescriptions that are specific to exact off and on
ramps, and right and left turns, adding that it will aid in the safe
administration of road tests by the Alaska State Department of Motor
Vehicles. The applicant seeks the exemption on behalf of itself and all
State and local commercial driving schools in Alaska as well as
individuals qualified as third-party testers in the State of Alaska.
IV. Method To Ensure an Equivalent or Greater Level of Safety
Alaska's Ice Road Driving School believes that the specified
portions of the ELDT regulation could be waived safely by allowing the
school and the State of Alaska to prescribe routes based upon the area
in which the road skills exam would be administered. The applicant
further believes that the road skills test for a CDL applicant can
safely be administered by the State test examiner as set routes can be
established and approved without the CDL applicant completing certain
portions of the mandatory BTW training.
V. Public Comments
On April 20, 2023, FMCSA published Alaska's Ice Road Driving
School's application and requested public comment [88 FR 24463]. The
Agency received no comments in response to the notice.
VI. FMCSA Safety Analysis and Decision
FMCSA evaluated Alaska's Ice Road Driving School application and
denies the exemption request. The applicant failed to establish that
they would maintain a level of safety equivalent to, or greater than,
the level achieved without the exemption. Granting the exemption would
result in drivers receiving a CDL even though they had not demonstrated
proficiency in the three driving skills from which exemption is
requested. In addition, on December 28, 2022, the Agency granted an
exemption to the State of Alaska [87 FR 79932] which 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 the 2022 exemption are also exempt from the ELDT
regulations. The relief requested by Alaska's Ice Road Driving School
falls within the scope of that exemption to the extent that drivers
would not be subject to ELDT requirements if, pursuant to the 2022
exemption, they received a restricted CDL allowing them to operate a
commercial motor vehicle only within 14 designated geographical areas
of the State. This exemption for the State of Alaska is effective from
December 28, 2022, through December 30, 2024. The Agency does not
believe it is appropriate to grant a State-wide exemption when the
previous exemption provides a targeted solution in 14 specific regions
of the State where there are challenges to achieving full compliance
with the rules. In addition, there were no comments filed in support of
Alaska's Ice Road Driving School's request.
For the above reasons, Alaska's Ice Road Driving School's exemption
application is denied.
Earl Stanley Adams, Jr.,
Deputy Administrator.
[FR Doc. 2023-19614 Filed 9-11-23; 8:45 am]
BILLING CODE 4910-EX-P
