Commercial Driver's License: Covenant Transport Inc. and Landair Transport Inc. Jointly d/b/a Covenant Logistics; Application for Exemption, 61225-61227 [2024-16692]
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Notices
FOR FURTHER INFORMATION CONTACT:
Reed Liriano, Program Coordinator,
Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
state.gov). The mailing address is U.S.
Department of State, L/PD, 2200 C Street
NW (SA–5), Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
Delegation of Authority No. 236–3 of
August 28, 2000, and Delegation of
Authority No. 523 of December 22,
2021.
Nicole L. Elkon,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2024–16699 Filed 7–29–24; 8:45 am]
Nicole L. Elkon,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2024–16687 Filed 7–29–24; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF TRANSPORTATION
BILLING CODE 4710–05–P
Federal Motor Carrier Safety
Administration
DEPARTMENT OF STATE
[Docket No. FMCSA–2024–0063]
[Public Notice:12465]
Commercial Driver’s License:
Covenant Transport Inc. and Landair
Transport Inc. Jointly d/b/a Covenant
Logistics; Application for Exemption
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘Elizabeth
Catlett: A Black Revolutionary Artist
and All That It Implies’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that certain objects being
imported from abroad pursuant to
agreements with their foreign owners or
custodians for temporary display in the
exhibition ‘‘Elizabeth Catlett: A Black
Revolutionary Artist and All That It
Implies’’ at the Brooklyn Museum,
Brooklyn, New York; the National
Gallery of Art, Washington, District of
Columbia; The Art Institute of Chicago,
in Chicago, Illinois; and at possible
additional exhibitions or venues yet to
be determined, are of cultural
significance, and, further, that their
temporary exhibition or display within
the United States as aforementioned is
in the national interest. I have ordered
that Public Notice of these
determinations be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Reed Liriano, Program Coordinator,
Office of the Legal Adviser, U.S.
Department of State (telephone: 202–
632–6471; email: section2459@
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
state.gov). The mailing address is U.S.
Department of State, L/PD, 2200 C Street
NW (SA–5), Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
Delegation of Authority No. 236–3 of
August 28, 2000, and Delegation of
Authority No. 523 of December 22,
2021.
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Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant Covenant Transport
Inc. and Landair Transport Inc., jointly
doing business as Covenant Logistics, an
exemption from the requirement for a
commercial learner’s permit (CLP)
holder, while operating a commercial
motor vehicle (CMV), to be
accompanied by a commercial driver’s
license (CDL) holder with the proper
CDL class and endorsements seated in
the front seat of the CMV. The
exemption allows a CLP holder, who
has passed the skills test but not yet
received their CDL document, to drive
a Covenant Logistics’ CMV while
accompanied by a CDL holder who is
not in the passenger seat, provided the
driver has documentation of passing the
skills test. FMCSA has analyzed the
exemption application and public
comments and determined that the
exemption, subject to the terms and
conditions imposed, will maintain a
SUMMARY:
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61225
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
DATES: The exemption is effective July
30, 2024 through July 30, 2026.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; (202) 366–4225; or
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2024–0063’’ 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–2024–0063’’ in
the search 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 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 the applicant’s safety
analysis. 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 maintain 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 Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)). If granted, the notice will
identify the regulatory provision from
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Notices
which the applicant will be exempt, the
effective period, and all terms and
conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is
denied, the notice will explain the
reason for the denial (49 CFR
381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
acquired driving skill set and put them
to work immediately at an income that
meets or exceeds industry standards.
Covenant Logistics said that under the
proposed exemption it would ensure
that a CDL driver remains in the CMV
while the CLP holder is driving, but not
necessarily in the front passenger seat.
III. Background
V. Public Comments
Current Regulatory Requirements
On May 23, 2024, FMCSA published
notice of Covenant Logistics’
application for exemption and requested
public comment (89 FR 45732). On May
30, 2024, the Agency published a
correction of that notice of two errors
regarding the approximate number of
drivers hired and the number of drivers
covered by the proposed exemption (89
FR 46987). The Agency received a total
of 27 comments; two comments were in
favor of granting the exemption and the
remaining 25 comments opposed
granting the exemption. The 25
opposing comments included: a
submission by the Owner-Operator
Independent Driver’s Association
(OOIDA): joint comments filed by the
Truck Safety Coalition (TSC), Citizens
for Reliable and Safe Highways, and
Parents Against Tired Truckers; and
comments from individuals.
OOIDA wrote, ‘‘The regulations
requiring an experienced driver in the
front seat with a permit holder were
implemented with safety in mind.
Because Covenant has not sufficiently
demonstrated that this exemption
would achieve a level of safety
equivalent or greater than the safety
level under the current regulations, a
waiver should not be granted.’’
TSC said, ‘‘Requiring CLP holders to
receive physically direct CDL holder
supervision and observation reduces the
likelihood that mistakes will occur in
the first place. TSC calls on FMCSA to
demonstrate its unwavering
commitment to safety and to deny this
inadequately justified exemption
application for renewal.’’
Laurel Tucker, an individual
opposing the exemption commented,
‘‘Please don’t allow truck-driver trainees
to drive without licensed drivers in the
seat next to them. Our highways are
already much more hazardous than
they’ve been in the past several
decades.’’
Dwight Harvey, another individual
opposing the exemption wrote, ‘‘I do not
agree with allowing individuals with a
training permit to drive commercial
vehicles alone. This is a safety
concern.’’
The two commenters supporting the
proposed exemption were submitted by
the American Trucking Associations
FMCSA’s CDL regulations establish
minimum requirements for a CLP to be
considered a valid CDL during behindthe-wheel training of a CLP holder on
public roads or highways. Under 49 CFR
383.25(a)(1), a CLP holder, when
operating a CMV, must be accompanied
by a CDL holder with the proper CDL
class and endorsements necessary to
operate the CMV. Also at all times, the
CDL holder must be physically present
in the front seat of the CMV next to the
CLP holder or, in a passenger vehicle,
directly behind or in the front row
behind the driver and must have the
CLP holder under observation and
direct supervision.
Applicant’s Request
Covenant Transport Inc. and Landair
Transport Inc., jointly doing business as
Covenant Logistics, requested an
exemption from 49 CFR 383.25(a)(1) to
allow CLP holders who have
successfully passed a CDL skills test and
are thus eligible to receive a CDL, to
drive a CMV without a CDL holder
present in the front passenger seat. This
exemption allows Covenant Logistics to
employ a driver to transport freight
immediately after the driver passes their
CDL skills test and while their CDL
documentation is being processed by
their State of domicile. The applicant
requests relief from the provision of 49
CFR 383.25(a)(1) for two years.
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IV. Method to Ensure an Equivalent or
Greater Level of Safety
Covenant Logistics asserts that the
exemption will result in a level of safety
that is greater than the level of safety
without the exemption. Covenant states
that a CLP holder affected by this
exemption will have already completed
all the necessary steps to qualify for a
CDL, including passing the CDL skills
test with the remaining requirement
being the administrative function of
obtaining the actual CDL from their
home State Driver’s Licensing Agency
(SDLA). By granting the exemption, CLP
holders who have passed a CDL skills
test can begin immediate and
productive on-the-job training.
According to Covenant, this will allow
CLP holders to improve their recently
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(ATA) and AWM Associates, LLC
(AWM).
ATA stated, ‘‘ATA supports Covenant
Logistics’ exemption request allowing
the company to employ drivers to
transport freight immediately after the
driver passes their CDL skills test and
while their CDL documentation is being
processed by their state of domicile—
eliminating situations in which
Covenant must send newly credentialed
drivers home in an unproductive, nondriving capacity or delays in driver
productivity due to long waiting periods
for drivers to receive their CDL
documentation.’’
AWM wrote, ‘‘The FMCSA has
exemptions in place for Werner, CR
England, [Wilson] Logistics New
PRIME, CRST, and Steven’s Transport
allowing thousands of drivers to use
their CLP to drive after passing their
skills tests.’’ The commentor continued
their argument, implying a need to
change Part 383 to promote equality and
stated, ‘‘Regulations are designed to
level the field, not allow special
consideration to on over the other. It’s
time the FMCSA modified Part 383 to
deal with the reality that they’re not
treating all concerned equally.’’
VI. FMCSA Safety Analysis and
Decision
FMCSA has evaluated Covenant
Logistics’ application for an exemption
and the public comments and believes
Covenant Logistics will maintain 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 directly observed
by a CDL holder 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 immediately obtain their CDL at
the in-State SDLA and begin driving a
CMV without any on-board supervision.
Because these drivers have passed the
CDL skills test, the only necessary step
to obtain the CDL is to visit the SDLA
in their State of domicile. Furthermore,
the CDL holder will be in the CMV
while the CLP holder is operating the
CMV.
In addition, as recently as December
2022, FMCSA granted this same
exemption to Stevens Transport, Inc. (87
FR 79931), and has granted five-year
renewals for the following five motor
carriers: CRST The Transportation
Solution, C.R. England, Inc.; New Prime,
Inc.; Werner Enterprises; and Wilson
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Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 / Notices
Logistics [87 FR 79931; 88 FR 52241; 87
FR 36360; 87 FR 38449; 87 FR 18855;
86 FR 11050]. To date, the Agency does
not have record of any of the companies
operating under the 49 CFR 383.25(a)(1)
exemption experiencing any
deterioration of their safety records or
involvement in crashes.
The requested exemption is restricted
to Covenant Logistics’ 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
the accompanying CDL holder to be in
the front seat.
(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
(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.
VII. Terms and Conditions
When operating under this
exemption, Covenant Logistics and its
drivers are subject to the following
terms and conditions:
(1) Covenant Logistics 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, a CLP
with the required endorsements, and
documentation from the testing State
that they have passed the CDL skills
test;
(3) A CDL holder with the proper CDL
class and endorsements must be in the
operated CMV;
(4) The drivers must not be subject to
any out-of-service order or suspension
of driving privileges; and
(5) The drivers must be able to
provide this exemption document to
enforcement officials.
Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety records. The exemption will be
rescinded if: (1) Covenant Logistics and
drivers operating under the exemption
fail to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objects of 49 U.S.C.
31136(e) and 31315(b). FMCSA further
reserves the right to terminate this
exemption in the event it is no longer
necessary due to revised regulatory
requirements.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024–16692 Filed 7–29–24; 8:45 am]
BILLING CODE 4910–EX–P
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to FMCSA
Covenant Logistics must notify
FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5)
involving any of its drivers operating
under the terms of this exemption. The
notification must include the following
information:
(a) Name of the exemption: ‘‘Covenant
Logistics’’
(b) Date of the accident
(c) City or town, and State, in which the
accident occurred, or closest to the
accident scene
VerDate Sep<11>2014
16:51 Jul 29, 2024
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2010–0064]
Consolidated Rail Corp.’s Request To
Amend Its Positive Train Control
System
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability and
request for comments.
AGENCY:
This document provides the
public with notice that, on July 19,
2024, the Consolidated Rail Corp.
(Conrail) submitted a request for
amendment (RFA) to its FRA-certified
positive train control (PTC) system. FRA
is publishing this notice and inviting
public comment on the railroad’s RFA
to its PTC system.
DATES: FRA will consider comments
received by August 19, 2024. FRA may
SUMMARY:
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61227
consider comments received after that
date to the extent practicable and
without delaying implementation of
valuable or necessary modifications to a
PTC system.
ADDRESSES:
Comments: Comments may be
submitted by going to https://
www.regulations.gov and following the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and the
applicable docket number. The relevant
PTC docket number for this host
railroad is Docket No. FRA–2010–0064.
For convenience, all active PTC dockets
are hyperlinked on FRA’s website at
https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All
comments received will be posted
without change to https://
www.regulations.gov; this includes any
personal information.
FOR FURTHER INFORMATION CONTACT:
Gabe Neal, Staff Director, Signal, Train
Control, and Crossings Division,
telephone: 816–516–7168, email:
Gabe.Neal@dot.gov.
SUPPLEMENTARY INFORMATION: In general,
Title 49 United States Code (U.S.C.)
Section 20157(h) requires FRA to certify
that a host railroad’s PTC system
complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I,
before the technology may be operated
in revenue service. Before making
certain changes to an FRA-certified PTC
system or the associated FRA-approved
PTC Safety Plan (PTCSP), a host railroad
must submit, and obtain FRA’s approval
of, an RFA to its PTC system or PTCSP
under 49 CFR 236.1021.
Under 49 CFR 236.1021(e), FRA’s
regulations provide that FRA will
publish a notice in the Federal Register
and invite public comment in
accordance with 49 CFR part 211, if an
RFA includes a request for approval of
a material modification of a signal or
train control system. Accordingly, this
notice informs the public that, on July
19, 2024, Conrail submitted an RFA to
its Interoperable Electronic Train
Management System (I–ETMS), which
seeks FRA’s approval of Conrail’s
request to temporarily disable I–ETMS
for a maximum period of four hours
while Conrail performs an upgrade of its
Back Office Subsystem. That RFA is
available in Docket No. FRA–2010–
0064.
Interested parties are invited to
comment on Conrail’s RFA by
submitting written comments or data.
During FRA’s review of this railroad’s
RFA, FRA will consider any comments
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]]>Agencies
[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61225-61227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16692]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0063]
Commercial Driver's License: Covenant Transport Inc. and Landair
Transport Inc. Jointly d/b/a Covenant Logistics; Application for
Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant Covenant Transport Inc.
and Landair Transport Inc., jointly doing business as Covenant
Logistics, an exemption from the requirement for a commercial learner's
permit (CLP) holder, while operating a commercial motor vehicle (CMV),
to be accompanied by a commercial driver's license (CDL) holder with
the proper CDL class and endorsements seated in the front seat of the
CMV. The exemption allows a CLP holder, who has passed the skills test
but not yet received their CDL document, to drive a Covenant Logistics'
CMV while accompanied by a CDL holder who is not in the passenger seat,
provided the driver has documentation of passing the skills test. FMCSA
has analyzed the exemption application and public comments and
determined that the exemption, subject to the terms and conditions
imposed, will maintain a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.
DATES: The exemption is effective July 30, 2024 through July 30, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 366-4225; or [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-2024-0063'' 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-2024-0063'' in the search 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 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 the applicant's safety analysis. 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 maintain 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 Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from
[[Page 61226]]
which the applicant will be exempt, the effective period, and all terms
and conditions of the exemption (49 CFR 381.315(c)(1)). If the
exemption is denied, the notice will explain the reason for the denial
(49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR
381.300(b)).
III. Background
Current Regulatory Requirements
FMCSA's CDL regulations establish minimum requirements for a CLP to
be considered a valid CDL during behind-the-wheel training of a CLP
holder on public roads or highways. Under 49 CFR 383.25(a)(1), a CLP
holder, when operating a CMV, must be accompanied by a CDL holder with
the proper CDL class and endorsements necessary to operate the CMV.
Also at all times, the CDL holder must be physically present in the
front seat of the CMV next to the CLP holder or, in a passenger
vehicle, directly behind or in the front row behind the driver and must
have the CLP holder under observation and direct supervision.
Applicant's Request
Covenant Transport Inc. and Landair Transport Inc., jointly doing
business as Covenant Logistics, requested an exemption from 49 CFR
383.25(a)(1) to allow CLP holders who have successfully passed a CDL
skills test and are thus eligible to receive a CDL, to drive a CMV
without a CDL holder present in the front passenger seat. This
exemption allows Covenant Logistics to employ a driver to transport
freight immediately after the driver passes their CDL skills test and
while their CDL documentation is being processed by their State of
domicile. The applicant requests relief from the provision of 49 CFR
383.25(a)(1) for two years.
IV. Method to Ensure an Equivalent or Greater Level of Safety
Covenant Logistics asserts that the exemption will result in a
level of safety that is greater than the level of safety without the
exemption. Covenant states that a CLP holder affected by this exemption
will have already completed all the necessary steps to qualify for a
CDL, including passing the CDL skills test with the remaining
requirement being the administrative function of obtaining the actual
CDL from their home State Driver's Licensing Agency (SDLA). By granting
the exemption, CLP holders who have passed a CDL skills test can begin
immediate and productive on-the-job training. According to Covenant,
this will allow CLP holders to improve their recently acquired driving
skill set and put them to work immediately at an income that meets or
exceeds industry standards. Covenant Logistics said that under the
proposed exemption it would ensure that a CDL driver remains in the CMV
while the CLP holder is driving, but not necessarily in the front
passenger seat.
V. Public Comments
On May 23, 2024, FMCSA published notice of Covenant Logistics'
application for exemption and requested public comment (89 FR 45732).
On May 30, 2024, the Agency published a correction of that notice of
two errors regarding the approximate number of drivers hired and the
number of drivers covered by the proposed exemption (89 FR 46987). The
Agency received a total of 27 comments; two comments were in favor of
granting the exemption and the remaining 25 comments opposed granting
the exemption. The 25 opposing comments included: a submission by the
Owner-Operator Independent Driver's Association (OOIDA): joint comments
filed by the Truck Safety Coalition (TSC), Citizens for Reliable and
Safe Highways, and Parents Against Tired Truckers; and comments from
individuals.
OOIDA wrote, ``The regulations requiring an experienced driver in
the front seat with a permit holder were implemented with safety in
mind. Because Covenant has not sufficiently demonstrated that this
exemption would achieve a level of safety equivalent or greater than
the safety level under the current regulations, a waiver should not be
granted.''
TSC said, ``Requiring CLP holders to receive physically direct CDL
holder supervision and observation reduces the likelihood that mistakes
will occur in the first place. TSC calls on FMCSA to demonstrate its
unwavering commitment to safety and to deny this inadequately justified
exemption application for renewal.''
Laurel Tucker, an individual opposing the exemption commented,
``Please don't allow truck-driver trainees to drive without licensed
drivers in the seat next to them. Our highways are already much more
hazardous than they've been in the past several decades.''
Dwight Harvey, another individual opposing the exemption wrote, ``I
do not agree with allowing individuals with a training permit to drive
commercial vehicles alone. This is a safety concern.''
The two commenters supporting the proposed exemption were submitted
by the American Trucking Associations (ATA) and AWM Associates, LLC
(AWM).
ATA stated, ``ATA supports Covenant Logistics' exemption request
allowing the company to employ drivers to transport freight immediately
after the driver passes their CDL skills test and while their CDL
documentation is being processed by their state of domicile--
eliminating situations in which Covenant must send newly credentialed
drivers home in an unproductive, non-driving capacity or delays in
driver productivity due to long waiting periods for drivers to receive
their CDL documentation.''
AWM wrote, ``The FMCSA has exemptions in place for Werner, CR
England, [Wilson] Logistics New PRIME, CRST, and Steven's Transport
allowing thousands of drivers to use their CLP to drive after passing
their skills tests.'' The commentor continued their argument, implying
a need to change Part 383 to promote equality and stated, ``Regulations
are designed to level the field, not allow special consideration to on
over the other. It's time the FMCSA modified Part 383 to deal with the
reality that they're not treating all concerned equally.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated Covenant Logistics' application for an
exemption and the public comments and believes Covenant Logistics will
maintain 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 directly observed by a CDL holder 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 immediately obtain their CDL at the
in-State SDLA and begin driving a CMV without any on-board supervision.
Because these drivers have passed the CDL skills test, the only
necessary step to obtain the CDL is to visit the SDLA in their State of
domicile. Furthermore, the CDL holder will be in the CMV while the CLP
holder is operating the CMV.
In addition, as recently as December 2022, FMCSA granted this same
exemption to Stevens Transport, Inc. (87 FR 79931), and has granted
five-year renewals for the following five motor carriers: CRST The
Transportation Solution, C.R. England, Inc.; New Prime, Inc.; Werner
Enterprises; and Wilson
[[Page 61227]]
Logistics [87 FR 79931; 88 FR 52241; 87 FR 36360; 87 FR 38449; 87 FR
18855; 86 FR 11050]. To date, the Agency does not have record of any of
the companies operating under the 49 CFR 383.25(a)(1) exemption
experiencing any deterioration of their safety records or involvement
in crashes.
The requested exemption is restricted to Covenant Logistics' 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 the accompanying CDL holder to be in the front
seat.
VII. Terms and Conditions
When operating under this exemption, Covenant Logistics and its
drivers are subject to the following terms and conditions:
(1) Covenant Logistics 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, a CLP with the required endorsements, and documentation from
the testing State that they have passed the CDL skills test;
(3) A CDL holder with the proper CDL class and endorsements must be
in the operated CMV;
(4) The drivers must not be subject to any out-of-service order or
suspension of driving privileges; and
(5) 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
Covenant Logistics must notify FMCSA within 5 business days of any
accident (as defined in 49 CFR 390.5) involving any of its drivers
operating under the terms of this exemption. The notification must
include the following information:
(a) Name of the exemption: ``Covenant Logistics''
(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
(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
[email protected].
Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety records. The exemption
will be rescinded if: (1) Covenant Logistics and drivers operating
under the exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315(b). FMCSA further reserves the right to
terminate this exemption in the event it is no longer necessary due to
revised regulatory requirements.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-16692 Filed 7-29-24; 8:45 am]
BILLING CODE 4910-EX-P
