[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78762-78764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27848]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0082]


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

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

ACTION: Notice of final disposition; denial of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny the exemption application 
from Western Area Career and Technology Center (WACTC). WACTC requested 
an exemption from the theory and behind-the-wheel (BTW) instructor 
requirements contained in the entry-level driver training (ELDT) 
regulations for one prospective instructor. FMCSA analyzed the 
exemption application and public comments and determined that the 
application lacked evidence that would ensure a level of safety 
equivalent to or

[[Page 78763]]

greater than would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722; [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number (``FMCSA-2022-0082'') in the ``Keyword'' box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
(``FMCSA-2022-0082'') in the ``Keyword'' box, click ``Search,'' and 
chose the document to review.
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations in Room W12-140 on the ground floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays. To be sure someone is there to help you, please call (202) 
366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted, 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

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

Applicant's Request

    WACTC requests an exemption from 49 CFR 380.713, which requires a 
training provider to use instructors who meet the definitions of 
``theory instructor'' and ``BTW instructor'' in 49 CFR 380.605. WACTC 
specifies that it would like to use one driver training instructor, 
Drew Ley, who does not have two years of required driving experience 
with a Class A CDL. WACTC states that it has been difficult to find 
qualified instructors. WACTC stated that Mr. Ley would meet the ELDT 
regulation's requirement for two years of driving experience with a 
Class A CDL in August 2022.
    WACTC states that it conducts monthly classes in which students 
achieve 160 hours of practical training, with four students per class. 
The ratio of instructor to students ``provides a more individualized 
training approach as well as the ability to address individual student 
needs and/or concerns as they may arise.'' According to WACTC, the 
impact of this exemption being denied would be devastating not only to 
its CDL program, but to the Adult Education Department as a whole. 
WACTC asserts that its CDL program is the most popular and successful 
program offered and helps stabilize other struggling programs through a 
steady stream of revenue.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    WACTC believes that Mr. Ley makes up for his failure to have two 
years of required driving experience through his experience with the 
FMCSA regulations and his other qualifications. According to WACTC, 
prior to FMCSA's implementation of the ELDT regulations, Mr. Ley 
successfully trained four of its classes and achieved a 100% student 
completion rate. When he was an employee of the Commonwealth of 
Pennsylvania DOT (PennDOT), Mr. Ley previously audited and verified 
third-party testing sites, routes, and CDL examiners to assure 
compliance with PennDOT regulations. He also assisted in the training 
and bi-annual reviews of experienced and new CDL examiners and has 
experience operating Class B vehicles with school bus and passenger 
endorsements. In addition, Mr. Ley has obtained a School Bus Instructor 
Certification, Certified Inspection Mechanic (class 7), certification 
as a licensed private Class C instructor, and has had a Class A CDL for 
a year and a half without restrictions. A copy of WACTC's application 
for exemption is available for review in the docket for this notice.

V. Public Comments

    On June 15, 2022, FMCSA published notice of WACTC's application for 
exemption and requested public comment [87 FR 36202]. Six comments were 
filed in response to the exemption request, five from individual 
commenters and one from the Owner-Operator Independent Driver's 
Association (OOIDA). Four commenters, including OOIDA, opposed the 
exemption request, while two others offered no opinion either for or 
against the exemption request.
    OOIDA cited its participation as a primary industry stakeholder on 
the Entry-Level Driver Training Negotiated Rulemaking Committee 
(ELDTAC) when the ``framework'' of the ELDT rule was agreed upon by the 
Committee. OOIDA supported the provision in the ELDT rule that required 
driving experience for training instructors because OOIDA believes that 
experience is essential to provide comprehensive training to entry-
level drivers. OOIDA believes there is no substitute for an experienced 
BTW trainer. According to OOIDA,

[[Page 78764]]

exempting instructors without driving experience will not result in an 
equivalent or greater level of safety. OOIDA further added that the 
delayed implementation date of the ELDT regulations from 2020 to 2022 
allowed even more time for training providers to obtain the requisite 
experience.
    Other individual commenters who filed in opposition also cited Mr. 
Ley's lack of experience. A commenter stated that ``CDL drivers with 
less than two years of experience are a hazard to new drivers as they 
lack the experience to understand safe operation of a tractor 
trailer.'' Another commenter added that in their opinion, ``it takes 
much more than one year of `real' driving experience, not just holding 
a CDL to gain any experience that is worthy of passing along.''

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated WACTC's application and the public comments. 
When the Agency established the ELDT regulations, it determined that 
two years of experience driving a CMV is the minimum qualification 
standard, reflecting the opinion of numerous commenters to the ELDT 
Notice of Proposed Rulemaking. Furthermore, WACTC indicated in its 
application that the exemption, if granted, would only be necessary 
until August 2022, when Mr. Ley will have had his Class A CDL for the 
required two years.
    The Agency concurs with commenters that if it allows an individual 
instructor to provide ELDT without the required driving experience, it 
could open the door for similar exemption requests on a widespread 
basis. Such a result would be inconsistent with a primary goal of the 
ELDT regulations, which was to improve highway safety by establishing a 
uniform Federal minimum ELDT standard.
    FMCSA concludes that WACTC has presented insufficient evidence to 
establish that not complying with the provisions of the ELDT 
regulations relating to driving experience requirements for CMV 
instructors would meet or exceed the level of safety provided by 
complying with the ELDT regulations. In addition, based on the 
information provided by WACTC that Mr. Ley would meet the requirement 
for two years of driving experience with a Class A CDL in August 2022, 
the request is now moot.
    For the above reasons, WACTC's exemption application is denied.

Robin Hutcheson,
Administrator.
[FR Doc. 2022-27848 Filed 12-21-22; 8:45 am]
BILLING CODE 4910-EX-P


