[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66364-66366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23891]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0105]


General Qualifications of Drivers: Small Business in 
Transportation Coalition; Application for Exemption

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

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

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SUMMARY: FMCSA announces its decision to deny the Small Business in 
Transportation Coalition's (SBTC) request for an exemption from the 
requirement that motor carriers not permit a person to drive a 
commercial motor vehicle (CMV) unless the driver is capable of reading 
and speaking the English language sufficiently to communicate with the 
public, to understand highway traffic signs and signals in the English 
language, to respond to official inquiries, and to make entries on 
reports and records drivers. SBTC requests the exemption on behalf of 
all motor carriers in North American Industry Classification System 
(NAICS) category 484230 (Specialized Freight (except Used Goods) 
Trucking, Long-Distance) with

[[Page 66365]]

revenues under $30 million. FMCSA analyzed the exemption application 
and public comments, and determined that the application lacked 
evidence that would ensure an equivalent level of safety or greater 
would be achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-4225; [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-2022-0105'') in the ``Keyword'' box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
(``FMCSA-2022-0105'') 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 
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 Regulation Requirements

    The regulations regarding qualifications of drivers in 49 CFR 
391.11(a) prohibit a person from driving, and a motor carrier from 
requiring or permitting a person to drive, a CMV if the person is not 
qualified to do so. Under 49 CFR 391.11(b)(2) a person is qualified to 
drive a CMV if they can read and speak the English language 
sufficiently to converse with the general public, to understand highway 
traffic signs and signals in the English language, to respond to 
official inquiries, and to make entries on reports and records.

IV. Applicant's Request

    SBTC seeks an exemption from ``49 CFR 391.11(a) as it applies to 49 
CFR 391.11(b)(2)'' on behalf of ``all motor carriers in NAICS category 
484230 (Specialized Freight (except Used Goods) Trucking, Long-
Distance) with revenues under $30 million, which are defined as `small 
businesses' by the Small Business Administration.'' SBTC wrote that as 
long as FMCSA does not require states to test for language proficiency, 
``it is inappropriate to enforce this rule against motor carriers, 
especially those small entities beyond one man owner operators 
employing drivers that do not have in-house compliance departments able 
to conduct their own state level-like testing for English 
proficiency.'' SBTC suggests that a motor carrier should be able to 
assert it is in compliance with 49 CFR 391.11(a) and 391.11(b)(2) the 
moment it verifies that a prospective driver has a state-issued 
commercial driver's license.

V. Equivalent Level of Safety

    In its exemption application, SBTC stated: ``By temporarily placing 
the onus for compliance with the English proficiency standard solely on 
drivers and not motor carriers until such time as the FMCSA decides 
whether to shift responsibility for same to the states, we believe a 
level of safety that is equivalent to the level of safety that would be 
obtained by complying with the regulation will be achieved.''

VI. Public Comments

    On June 15, 2022, FMCSA published notice of this application and 
requested public comments (87 FR 36200). The Agency received 10 
comments from the public, with three comments from the applicant and 
seven from individuals opposing the proposed exemption.
    Mr. Jimmy Walker wrote, ``Allowing this proposal to be accepted 
only makes roads and traffic more unsafe. It appears that [SBTC] is 
truly NOT interested in the public's safety, but is only interested in 
profits at the expense of more loss of life and property to others and 
the public.'' Mr. James Lamb responded to Mr. Walker's comments and 
noted that FMCSA failed to immediately post SBTC's exemption 
application. Mr. Lamb clarified that SBTC's position ``is about 
bringing attention and awareness to the fact that FMCSA has failed for 
20 years to follow the USDOT Inspector General's recommendation that 
FMCSA should require states verify drivers' English proficiency rather 
than place the onus on carriers . . .''
    Mr. Michael Milliard wrote, ``I support the SBTC's request to 
better our highways by reducing the number of non-English speaking 
drivers. I don't support the SBTC's request to except the drivers of 
small businesses from the English-speaking requirement.'' Mr. Carl 
Huddleston and Danko and Son's, Inc., commented that the exemption 
should not be granted because drivers who cannot read and speak English 
pose a danger to the public. Mr. Ricky Phillip added that a driver 
``would be forced to use some sort of electronic device to translate 
directions which could cause distracted driving to increase'' and would 
not be able to read road signs. Finally, Ms. Tamra Howell commented 
that the exemption would diminish the effectiveness of other programs 
such as FMCSA's Compliance, Safety, Accountability program and the Drug 
and Alcohol Clearinghouse.

VII. FMCSA Safety Analysis and Decision

    FMCSA evaluated SBTC's application and the public comments. In 
response to the comment that SBTC's application was not immediately 
posted to the docket, the Agency acknowledges that SBTC's application 
was posted to the public docket the day after the Federal Register 
notice published. FMCSA continued to monitor the public docket for 
comments filed after the comment closing date. FMCSA notes in response 
to SBTC's comment about the Department of Transportation's Office of

[[Page 66366]]

Inspector General's May 8, 2002, report titled ``Improving Testing and 
Licensing of Commercial Drivers,'' that the report does not support 
SBTC's exemption application. The report did not recommend that motor 
carriers should be exempt from the driver qualification regulations 
relating to the English language proficiency requirement.
    Although SBTC made a conclusory statement that ``placing the onus 
for compliance with the English proficiency standard solely on drivers 
and not motor carriers'' would achieve an equivalent level of safety as 
complying with the regulations, SBTC did not explain how this would 
achieve an equivalent level of safety and did not propose any safety 
countermeasures. FMCSA concludes that SBTC has presented insufficient 
evidence to establish that not complying with the driver qualification 
regulations relating to the English language proficiency requirements 
for CMV drivers would meet or exceed the level of safety provided by 
complying with the regulations.
    For the above reasons, FMCSA denies SBTC's request for exemption.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-23891 Filed 11-2-22; 8:45 am]
BILLING CODE 4910-EX-P


