[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36202-36204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12873]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0082]


Entry-Level Driver Training: Application for Exemption; Western 
Area Career and Technology Center

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Western Area Career and Technology Center 
(WACTC) has requested an exemption from the Theory and Behind-the-Wheel 
(BTW) instructor requirements contained in the entry-level driver 
training (ELDT) regulations for one prospective instructor. WACTC seeks 
an exemption from the requirement that instructors have at least two 
years of driving experience of

[[Page 36203]]

the same or higher class and/or the same endorsement level as the 
commercial motor vehicle (CMV) to be operated to satisfy the instructor 
requirements under the ELDT regulations.

DATES: Comments must be received on or before July 15, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2022-0082 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2022-0082). Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001 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 
Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

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 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2022-0082), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2022-0082'' in the ``Search'' box, and click 
``Search.'' When the new screen appears, click on ``Documents'' button, 
then click the ``Comment'' button associated with the latest notice 
posted. Another screen will appear, insert the required information. 
Choose whether you are submitting your comment as an individual, an 
organization, or anonymous. Click ``Submit Comment.''
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. FMCSA will consider all comments 
and materials received during the comment period.

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. 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 Regulation(s)/Requirements

    The ELDT regulations required compliance by February 7, 2022 and 
established minimum training standards for individuals applying for 
certain commercial driver's licenses (CDL) and defined curriculum 
standards for Theory and BTW training. It also established an online 
training provider registry (TPR), eligibility requirements for 
providers to be listed on the TPR, and requirements for instructors. 
Under 49 CFR 380.713, a training provider must use instructors who meet 
the definitions of ``theory instructor'' and ``behind-the-wheel (BTW) 
instructor'' in 49 CFR 380.605. The definitions of ``theory 
instructor'' and ``BTW instructor'' in 49 CFR 380.605 require that 
instructors hold a CDL of the same (or higher) class, with all 
endorsements necessary to operate the CMV for which training is to be 
provided; have either: (1) a minimum of 2 years of experience driving a 
CMV requiring a CDL of the same or higher class and/or the same 
endorsement; or (2) at least two years of experience as a BTW CMV 
instructor; and meet all applicable State qualification requirements 
for CMV instructors.

Applicant's Request

    WACTC requests an exemption from the requirement in 49 CFR 380.713 
that a training provider use instructors who meet the definitions of 
``theory instructor'' and ``BTW instructor'' in 49 CFR 380.605. WACTC 
specifies that it would like to use one driver training instructor who 
does not have two years of required driving experience.
    WACTC states that it has been difficult to find qualified 
instructors. WACTC indicates that it has found one potential 
instructor, Drew Ley, who is more than capable of implementing a 
curriculum and training program that not only meets the ELDT 
regulations but will also ensure safe, knowledgeable, and skilled CMV 
drivers. WACTC states that Mr. Ley will meet the ELDT

[[Page 36204]]

regulation's requirement for two years of driving experience with a 
Class A CDL in August 2022.
    WACTC states that it conducts monthly classes in which students 
achieve 160 hours of practical training, with four students per class. 
The ratio of instructor to students (1 to 4) ``provides a more 
individualized training approach as well as the ability to address 
individual student needs and/or concerns as they may arise.'' According 
to WACTC, the impact of this exemption being denied would be 
devastating not only to its CDL program, but to the Adult Education 
Department as a whole. WACTC asserts that its CDL program is the most 
popular and successful program offered and helps stabilize other 
struggling programs through a steady stream of revenue.
    A copy of the WACTC application for exemption is included in the 
docket for this notice.

IV. Equivalent Level of Safety

    WACTC believes that Mr. Ley makes up for his failure to have two 
years of required driving experience with his experience with the FMCSA 
regulations and his current and previous qualifications. Prior to 
FMCSA's implementation of the ELDT regulations, Mr. Ley successfully 
trained four WACTC classes and achieved a 100% student completion rate. 
As an employee of the Commonwealth of Pennsylvania DOT (PennDOT), Mr. 
Ley audited and verified third-party testing sites, routes, and CDL 
examiners to assure compliance with PennDOT regulations. He also 
assisted in the training and bi-annual reviews of experienced and new 
CDL examiners and has extensive knowledge operating Class B vehicles 
with school bus and passenger endorsements. In addition, Mr. Ley has 
obtained a School Bus Instructor Certification, Certified Inspection 
Mechanic (class 7), certification as a licensed private Class C 
instructor, and has had a Class A CDL for a year and a half without 
restrictions. Furthermore, WACTC indicates that the exemption, if 
granted, would only be necessary until August 2022, when Mr. Ley will 
have had his Class A CDL for the required two years.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on WACTC's application for an 
exemption from the requirement in 49 CFR 380.713 to use instructors who 
meet the definitions of ``Theory instructor'' and ``Behind-the-wheel 
(BTW) instructor'' in 49 CFR 380.605. All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the Addresses 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should continue to examine 
the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-12873 Filed 6-14-22; 8:45 am]
BILLING CODE 4910-EX-P


